3  182200277  3430 


THE 


ASS!  i-,:     r/o/v 
OF  SAN  DIEGO 


[Variation  in  the  size  of  the  type  used  in  this  MANUAL  is 
intended  to  promote  convenience  of  reference  and  implies  no 
difference  in  the  importance  of  the  subject  matter.] 


UNIVERSITY   OF 


N  VERS  TV  OF  CALIFORNIA   SAN  OIEGC 


3  1822  00277  3430 


REGENTS'   MANUAL 


ENDOWMENTS,    FOUNDATIONS,    AGREEMENTS,    LAWS, 
AND    ORDERS    GOVERNING    THE    UNIVERSITY 


[HE  VISED     EDITION] 


I:KKK  i:  1.1:  Y 

THE    tJVIVKHSITY    FRE  S  S 
1004 


CONTENTS. 

PAGE 

Ex  OFPICIO  REGENTS  7 

HONORARY  REGENTS  10 

APPOINTED  REGENTS 11 

FEDERAL  AND  STATE  LEGISLATION 13 

GIFTS  UNDER  CONDITION 163 

PURCHASES  UNDER  STIPULATION 239 

GRANTS  AND  LICENSES 261 

ORDERS  OF  THE  BOARD 277 

APPENDIX 322 

INDEX  ..   339 


PART    I 


ROLL    OF    REGENTS 


REGENTS'  MANUAL. 


EX  OFFTCIO  REGENTS. 
GOVERNORS.     . 

H.  H.  HAIGHT,  1868 

NEWTON  BOOTH,  1871 

ROMUALDO  PACHECO,  1875 

WILLIAM  IRWIN,  1875 

GEORGE  C.  PERKINS,  1880 

GEORGE  STONEMAN,  1883 

WASHINGTON  BARTLETT,  1887 

R.  W.  WATERMAN,  1887 

H.  H.  MARKHAM,  1891 

JAMES  H.  BUDD,  1895 

HENRY  T.  GAGE,  1899 

GEORGE  C.  PARDEE,  1903 


LIEUTENANT-GOVERNORS. 

WILLIAM  HOLDEN,  1868 

ROMUALDO  PACHECO,  1871 

WILLIAM  IRWIN,  1875 

JAMES  A.  JOHNSON,  1875 

JOHN  MANSFIELD,  1880 

JOHN  DAGGETT,  1883 

R.  W.  WATERMAN,  1887 

STEPHEN  M.  WHITE,  1887 

J.  B.  REDDICK,  1891 

WILLIAM  T.  JETER,  1895 

JACOB  H.  NEFF,  1899 

ALDEN  ANDERSON,  1903 


UNIVERSITY  OF  CALIFORNIA. 


SPEAKERS   OF  THE   ASSEMBLY.* 

C.  T.  EYLAND, 

1868 

GEORGE  H.  ROGERS, 

1869 

THOMAS  B.  SHANNON, 

1871 

M.  M.  ESTEE, 

187:* 

G.  J.  C4RPENTER, 

1875 

C.  P.  BERRY, 

1877 

J.  F.  COWDERY, 

1880 

W.  H.  PARKS, 

1881,  1885 

H.  M.  LARUE, 

1883 

W.  H.  JORDAN, 

1887 

ROBERT  HOWE, 

1889 

FRANK  L.  COOMBS, 

1891 

F.  H.  GOULD, 

1893 

J.  C.  LYNCH, 

1895 

ALDEN  ANDERSON, 

1899 

CORNELIUS  W.  PENDLETON, 

1901 

ARTHUR  G.  FISK, 

1903 

STATE   SUPERINTENDENTS   OF   PUBLIC 

INSTRUCTION. 

O.  P.  FITZGERALD, 

1868 

H.  W.  BOLANDER, 

1871 

EZRA  S.  CARR, 

1875 

F.  M.  CAMPBELL, 

1880 

W.  T.  WELCKER, 

1883 

IRA.  G.  HOITT, 

1887 

J.  W.  ANDERSON, 

1891 

SAMUEL  T.  BLACK, 

1895 

C.  T.  MEREDITH, 

1898 

THOMAS  J.  KIRK, 

1899 

*[  RELATIVE  TO  THE  MEMBERSHIP  OF  THE  SPEAKER  OF  THE  ASSEMBLY 

PRO  TEMPORE. 

*  *  *  I  conclude,  therefore,  that  the  Speaker  pro  tern,  of  the  Assembly 
has  not  become  a  member  of  the  Board  of  Regents  of  the  University  of  Cali- 
fornia, by  reason  of  the  resignation  of  the  former  Speaker. 

U.  S.  WEBB, 
(Minutes,  Feb.  !),  1904.)  Attorney  General.] 


REGENTS'  MANUAL. 

PRESIDENTS   OF   THE   STATE   AGRICULTURAL   SOCIETY. 

CHARLES  F.  REED,  1868 

R.  S.  CAREY,  1873 

MARION  BIGGS,  1877 

M.  D.  Bo RUCK,  1878 

H.  M.  LARUE,  1879-80,  1882 

J.  McM.  SHAFTER,  1881 

P.  A.  FINIGAN,  1883 

J.  D.  CABR,  1885 

L.  U.  SHIPPER,  1887 

CHRISTOPHER  GREEN,  1889 

FREDERICK  Cox,  1891 

JOHN  BOGGS,  1893 

C.  M.  CHASE,  1895 

ADOLPH  B.  SPRECKELS,  1898 

.  BENJ.  F.  RUSH,  1904 

PRESIDENTS  OF   THE   MECHANICS'    INSTITUTE. 

ANDREW  S.  HALLIDIE,  1868,  1893 

IRVING  M.  SCOTT,  1878 

P.  B.  CORNWALL,  1880 

DAVID  KERR,  1889 

IRWIN  C.  STUMP,  1892 

ERNST  N.  DENICKE,  1896 

SAMUEL  C.  IRVING,  1901 

RUDOLPH  J.  TAUSSIG,  1902 

PRESIDENTS  OF  THE   UNIVERSITY. 

DANIEL  C.  GILMAN,  1872-1875 

JOHN  LECONTE,  1876-1881 

W.  T.  REID,  1881-1885 

EDWARD  S.  HOLDEN,  1885-1888 

HORACE  DAVIS,  1888-1890 

MARTIN  KELLOGG,  1893-1899 

BENJAMIN  IDE  WHEELER,  1899- 


10  UNIVERSITY  OF  CALIFORNIA. 


HONORARY  REGENTS. 


ISAAC  FRIEDLANDER,  1868-1869 

EDWARD  TOMPKINS,  1868-1872 

J.  MORA  Moss,  1868-1880 

S.  F.  BUTTERWORTH,  1868-1873 

ANDREW  J.  MOULDER,  1868-1868 

A.  J.  BOWIE,  1868-J880 

FREDERICK  F.  Low,  1868-1868 

JOHN  B.  FELTON,  1868-1877 

JOHN  S.  HAGER,  1868-1890 

WILLIAM  C.  RALSTON,  1868-1875 

Louis  SACHS,  1869-1875 

HENRY  H.  HAIGHT,  1872-1876 


REGENTS'  MANUAL. 


11 


APPOINTED  REGENTS. 


SAMUEL  MERRITT,  1868-1874 

JOHN  T.  DOYLE,  1868-1872 

RICHARD  P.  HAMMOND,  1868-1873 

JOHN  W.  DWINELLE,  1868-1874 

HORATIO  STEBBINS,  1868-1894 

LAWRENCE  ARCHER,  1868-1880 

WILLIAM  WATT,  1868-1871 

SAMUEL  BELL  McKEE,  1868-1883 

J.  WEST  MARTIN,  1871-1899 

JOHN  P.  SWIFT,  1872-1888 
ANDREW  S.  HALLIDIE,  1873-4;  1876-1900 

JOSEPH  W.  WINANS,  1873-1887 

WILLIAM  MEEK,  1874-1876 

J.  M.  HAMILTON,  1874-1876 

D.  O.  MILLS,  1874-1881 

FRANK  M.  PIXLEY,  1875-1880 

WILLIAM  T.  WALLACE,  1875-1902 

JOHN  L.  BEARD,  1876-1892 

EUGENE  CASSERLEY,  1876-1880 

GEORGE  DAVIDSON,  1877-1884 

A.  L.  ERODES,  1880-1888 

B.  B.  REDDING,  1880-1882 
WILLIAM  ASHBURNER,  1880-1887 
JOHN  BIDWELL,  1880-1880 
TIMOTHY  G.  PHELPS,  1880-1899 
N.  GREENE  CURTIS,  1880-1883 
ISAIAS  W.  HELLMAN,  1881- 
LELAND  STANFORD,  1882-1883 
GEORGE  T.  MARYE,  1883-1898 
ARTHUR  RODGERS,  1883-1902 


12 


UNIVERSITY  OF  CALIFORNIA. 

GEORGE  J.  AINSWORTH,  1883-1895 

-W.  S.  EOSECRANS,  1884-1885 

D.  M.  DELMAS,  1885-1892 

ALBERT  MILLER,  1887-1900 

COLUMBUS  BARTLETT,  1887-1896 

CHARLES  F.  CROCKER,  1888-1897 

JAMES  F.  HOUGHTON,  1888-1903 

Louis  SLOSS,  1890-1891 

CHESTER  A.  KOWELL,  1891- 

JAMES  A.  WAYMIRE,  1891- 

HENRY  S.  FOOTE,  1892-1900 

CHARLES  W.  SLACK,  1894- 

JACOB  B.  EEINSTEIN,  1895- 

JOHN  E.  BUDD,  1896- 

Mrs.  PHOEBE  A.  HEARST,  1897- 

JAMES  D.  PHELAN,  1898-1899 

W.  H.  L.  BARNES,  1899-1902 

GEORGE  C.  PARDEE,  1899-1903 

STEPHEN  M.  WHITE,  1899-1901 

ARTHUR  W.  FOSTER,  1900- 

GARRET  W.  MCENERNEY,  1901- 

CHARLES  N.  ELLINWOOD,  1901- 

CHARLES  S.  WHEELER,  1902- 

GUY  C.  EARL,  1902- 

PETER  C.  YORKE,  1902- 

JAMES  W.  McKiNLEY,  1903- 

JOHN  A.  BRITTON,  1903- 

FREDERICK  W.  DOHRMANN,  1903- 


PART  II 


FEDERAL  AND    STATE   LEGISLATION 


REGENTS'  MANUAL.  15 


CHAPTEE     I. 

THE    ORGANIC    ACT. 

[It  will  be  noted  that  the  Organic  Act  is  here  set  out  as  originally 
passed  except  where  specially  amended.  In  that  case  the  amendment 
is  given.  The  sections  of  the  Political  Code  are  printed  in  smaller 
type  after  the  section  on  which  they  were  based,  and  for  the  following 
reason :  after  the  passage  of  the  Organic  Act  in  1868  it  was  codified 
with  several  modifications  and  embodied  in  the  Political  Code  in  1872. 
According  to  Section  18  Pol.  C.  this  worked  a  repeal  and  abrogation 
of  the  entire  Organic  Act.  The  State  Constitution t  ratified  in  1879,  by 
Art.  IX,  Sec.  9,  (page  66)  provided  that  the  organization  and  govern- 
ment of  the  University  should  be  perpetually  continued  in  the  form 
and  character  prescribed  by  the  Organic  Act  as  amended.  This  has 
revived  the  Organic  Act  and  its  amendments,  and  made  it,  as  amended, 
irrepealable  as  to  its  fundamental  plan.] 

An  Act  to  create  and  organize  the  University  of  California. 

[Approved  March  23,  1868.     Stats.  1867-8:248.] 

SECTION  1.     A  State  University  is  hereby  created,  creation  of  the 
pursuant  to  the  requirements  of  Section  four,  Article  University- 
nine,  of  the  Constitution  of  the  State  of  California, 
and  in  order  to  devote  to  the  largest  purpose  of  edu- 
cation the  benefaction  made  to  the  State  of  Califor- 
nia under  and  by  the  provisions  of  an  Act  of  Congress 
passed  July  second,  eighteen  hundred  and  sixty- two, 
entitled  an  Act  donating  land  to  the  several  States 
and  Territories  which  may  provide  colleges  for  the 
benefit  of  agriculture  and  the  mechanic  arts.     The 
said   University  shall   be   called   the  University  of  At  Berkeley 
California,   and  shall  be  located  upon  the  grounds 
heretofore  donated  to  the  State  of  California  by  the 
President  and  Board  of  Trustees  of  the  College  of 

REGENTS'  MANUAL— 2 


16 


UNIVERSITY  OF  CALIFORNIA. 


Under  control 
of  Regents 


to  provide 

complete 

education 


and  to  consist 
of  various 
Colleges 


California.  The  said  University  shall  be  under  the 
charge  and  control  of  a  Board  of  Directors,  to  be 
known  and  styled  "The  Regents  of  the  University  of 
California."  The  University  shall  have  for  its  design, 
to  provide  instruction  and  complete  education  in  all 
the  departments  of  science,  literature,  art,  industrial 
and  professional  pursuits,  and  general  education,  and 
also  special  courses  of  instruction  for  the  professions 
of  agriculture,  the  mechanic  arts,  mining,  military 
science,  civil  engineering,  law,  medicine  and  com- 
merce, and  shall  consist  of  various  colleges,  namely: 

First — Colleges  of  Arts. 
Second — A  College  of  Letters. 

Third — Such  professional  and  other  colleges  as 
may  be  added  thereto  or  connected  therewith. 

POL.  CODE  SEC.  1385.  The  University  of  California,  located  in  Ala- 
meda  County,  has  for  its  object  general  instruction  and  education  in 
all  the  departments  of  science,  literature,  art,  industrial  and  profes- 
sional pursuits,  and  special  instruction  for  the  professions  of  agricul- 
ture, the  mechanic  arts,  mining,  military  science,  civil  engineering, 
law,  medicine,  and  commerce. 

POL.  C.  SEC.  1386.     There  must  be  maintained  in  the  University: 

1.  A  College  of  Letters. 

2.  A  College  or  Colleges  of  Science,   including  Agriculture,  Me- 
chanics, Mining,  Engineering,  Chemistry,   and  such  other  specialties 
as  the  Board  of  Regents  may  determine. 

3.  Colleges  of  Medicine  and  Law. 

4.  Such  other  Colleges  as  the  Board  of  Regents  may  establish. 

Under  subdivision  4  the  Regents  find  authority  to  accept  the  Lick 
Observatory  and  to  make  it  a  part  of  the  University. 

See  Report  of  Law  Committee,  SECRETARY'S  REPORT,  1887:75. 
See  notes  to  Sec.  12  of  the  Organic  Act,  page  30. 

The  Organic  Act  creates  the  University  a  public  corporation,  with 
the  Regents  a  corporate  entity  to  be  considered  a  part  of,  and  ancillary 


REGENTS1  MANUAL.  17 

to,  the  parent  and  principal  institution.  The  property  of  the  Univer- 
sity is  left  with  it,  and  the  custody  and  control  of  that  property  is 
given  to  the  Regents. 

Estate  of  Royer,  123  Cal.  615. 

The  Regents  are  not  public  officers.     See  page  28. 

SEC.  2.     Each  full  course  of  instruction  shall  con-  Each  course 
sist  of  its  appropriate  studies,  and  shall  continue  for  JouTyea""6 
at  least  four  years,  and  the  faculty,  instructors  and 
body  of   students  in  each  course  shall  constitute  a 
college,  to  be  designated  by  its   appropriate  name. 
For  this  purpose  there  shall  be  organized  as  soon  as 
the  means  appropriated  therefor  shall  permit  — 

First — The  following  Colleges  of  Arts:     A  State  Names  of 
College  of  Agriculture;  a  State  College  of  Mechanic  Colleges 
Arts;  a  State  College  of  Mines;  a  State  College  of 
Civil  Engineering;  and  such  other  Colleges  of  Arts 
as  the  Board  of  Regents  may  be  able   and   find  it 
expedient  to  establish. 

Second — A  State  College  of  Letters. 

Third — Colleges  of  Medicine,  Law  and  other  like 
professional  colleges. 

POL.  C.  SEC.  1387.  The  College  of  Letters  must  embrace  a  liberal 
course  of  instruction  in  language,  literature  and  philosophy. 

POL.  C.  SEC.  1388  Each  full  course  of  instruction  consists  of  its 
appropriate  studies  and  courses,  to  be  determined  by  the  Board  of 
Regents. 

This  section  (2)  has  been  interpreted  by  the  Regents,  as  follows: 

According  to  law  and  the  rules  of  the  Regents  there  is  nothing 
which  forbids  the  recognition  of  departments  in  the  University. 

There  are  colleges  and  courses  now  established  at  Berkeley.  A 
college  is  simply  a  course. 

Each  college  and  each  course  consists  of  the  faculty  instructors  and 
body  of  students. 


18  UNIVERSITY  OF  CALIFORNIA. 

Each  college  and  course  embraces  several  departments.  Thus  the 
College  of  Letters  includes  the  Department  of  Physics,  Mathematics, 
English,  etc. 

A  department  is  properly  defined  as  the  professors  and  instructors 
teaching  a  given  subject,  or  a  group  of  allied  subjects. 

SECRETARY'S  REPORT,  1886:5. 

Degree  for          SEC.  3.     A  proper  degree  of  each  college  shall  be 
each  college    conferre(j  at  the  end  of  the  course  upon  such  students 
as,  having  completed  the  same,  shall,  at  the  annual 
examination,  be  found  proficient  therein;  but  each 
AISO  a  partial    college  shall  also  have  a  partial  course  for  those  who 
course  mav  no^  desire  to  pursue  a  full  course  therein;  and 

courses  at  any  resident  of  California,  of  the  age  of  fourteen 
residents" "  years  or  upwards,  of  approved  moral  character,  shall 
14  years  old  have  the  right  to  enter  himself  in  the  University  as  a 
student  at  large,  and  receive  tuition  in  any  branch  or 
branches  of  instruction  at  the  time  when  the  same  are 
given  in  their  regular  course,  on  such  terms  as  the 
Board  of  Regents  may  prescribe.  The  said  Board 
of  Regents  shall  endeavor  so  to  arrange  the  several 
courses  of  instruction  that  the  students  of  the  differ- 
ent colleges  and  the  students  at  large  may  be  largely 
brought  into  social  contact  and  intercourse  with  each 
other  by  attending  the  same  lectures  and  branches  of 
instruction. 

POL.  C.  SEC.  1402.  The  proper  degree  of  each  college  must  be 
conferred  at  the  end  of  the  course  upon  such  students  as,  having  com- 
pleted the  same,  are  found  proficient  therein. 

POL.  C.  SEC.  1392.  Any  resident  of  California,  of  the  age  of  four- 
teen years  or  upwards,  of  approved  moral  character,  may  enter 
himself  in  the  University  as  a  student  at  large,  and  receive  tuition 
in  any  branches  of  instruction  at  the  time  when  the  same  are  given 
in  their  regular  course,  on  such  terms  as  the  Board  of  Eegents  may 
prescribe. 


REGENTS'  MANUAL.  19 

SEC.  4.  The  College  of  Agriculture  shall  be  first  coiiegeof 
established;  but  in  selecting  the  professors  and  ABPIC 
instructors  for  the  said  College  of  Agriculture,  the 
Regents  shall,  so  far  as  in  their  power,  select  persons 
possessing  such  acquirements  in  their  several  voca- 
tions as  will  enable  them  to  discharge  the  duties  of 
professors  in  the  several  Colleges  of  Mechanic  Arts, 
of  Mines  and  of  Civil  Engineering,  and  in  such  other 
colleges  as  may  be  hereafter  established.  As  soon  as 
practicable  a  system  of  moderate  manual  labor  shall  Manual  Labor 
be  established  in  connection  with  the  Agricultural 
College,  and  upon  its  agricultural  and  ornamental 
grounds,  having  for  its  object  practical  education  in 
agriculture,  landscape  gardening,  the  health  of  the 
students,  and  to  afford  them  an  opportunity  by  their 
earnings,  of  defraying  a  portion  of  the  expenses  of 
their  education.  These  advantages  shall  be  open  in 
the  first  instance  to  students  in  the  College  of  Agri- 
culture, who  shall  be  entitled  to  a  preference  in  that 
behalf. 

POL.  C.  SEC.  1404.  A  system  of  moderate  manual  labor  must  be 
established  in  connection  with  the  Agricultural  College,  upon  its 
agricultural  and  ornamental  grounds,  for  practical  education  in  agri- 
culture and  landscape  gardening. 

SEC.  5.     The   College  of   Mechanic  Arts  shall  be  coiiegeof 
next  established;  and  in  organizing  this,  or  any  other  A 
college,  the  same  regard  hereinbefore  indicated  shall 
be  had  for  the  general  acquirements  of  each  professor 
and  instructor,  so  that  he  may  be  able  to  give  general 
and  special  instruction  in  as  many  classes  and  courses 
of  instruction  as  possible ;  and  inasmuch  as  the  origi- 
nal donation,  out  of  which  the  plan  of  a  State  Uni- 
versity has  had  its  rise,  was  made  to  the  State  by 


20 


UNIVERSITY  OF  CALIFORNIA. 


Priority  of 
claim  on 
endowment 
1862. 


virtue  of  the  aforesaid  Act  of  Congress  entitled  "An 
Act  donating  land  to  the  several  States  and  Territo- 
ries which  may  provide  colleges  for  the  benefit  of  agri- 
culture and  the  mechanic  arts,'*approved  July  second, 
eighteen  hundred  and  sixty- two,  the  said  Board  of 
Regents  shall  always  bear  in  mind  that  the  College 
of  of  Agriculture  and  the  College  of  Mechanic  Arts  are 
an  especial  object  of  their  care  and  superintendence, 
and  that  they  shall  be  considered  and  treated  as 
entitled  primarily  to  the  use  of  the  funds  donated 
for  their  establishment  and  maintenance  by  the  said 
Act  of  Congress. 


Colleges  of 
Mines,  Civil 
Engineering, 
etc. 


Military 
Tactics 


SEC.  6.  The  College  of  Mines  and  the  College  of 
Civil  Engineering  shall  be  next  established,  and  such 
other  colleges  of  arts  as  the  Board  of  Regents  may  be 
able  to  establish  with  the  means  in  their  possession 
or  under  their  control;  and  in  order  to  fulfill  the 
requirements  of  the  said  Act  of  Congress,  all  able- 
bodied  male  students  of  the  University,  whether  pur- 
suing full  or  partial  courses  in  any  college,  or  as 
students  at  large,  shall  receive  instruction  and  disci- 
pline in  military  tactics  in  such  manner  and  to  such 
extent  as  the  Regents  shall  prescribe,  the  requisite 
arms  for  which  shall  be  furnished  by  the  State. 

See  Chap.  XVI,  p.  114. 

SEC.  7.  The  Board  of  Regents,  having  in  regard 
the  said  donation  already  made  to  the  State  by  the 
President  and  Board  of  Trustees  of  the  College  of 
California,  and  their  proposition  to  surrender  all 
their  property  to  the  State  for  the  benefit  of  the 
State  University,  and  to  become  disincorporate  and 
go  out  of  existence  as  soon  as  the  State  shall  organize 


REGENTS1  MANUAL.  21 

the  University,  by  adding  a  Classical  College  to  the 
College  of  Arts,  shall,  as  soon  as  they  deem  it  prac- 
ticable, establish  a  College  of  Letters.  The  College  coiiegeof 
of  Letters  shall  be  coexistent  with  the  aforesaid  Letters 
College  of  Arts,  and  shall  embrace  a  liberal  course 
of  instruction  in  languages,  literature  and  philoso- 
phy, together  with  such  courses  or  parts  of  courses 
in  the  aforesaid  College  of  Arts  as  the  authorities  of 
the  University  shall  prescribe.  The  degree  of  Bache-  Degrees  of 
lor  of  Arts,  upon  due  examination,  and  afterwards  M^J°0rfan 
the  degree  of  Master  of  Arts,  in  usual  course,  shall  Am 
be  conferred  upon  the  graduates  of  this  college.  But 
the  provisions  herein  and  hereinbefore  contained 
regarding  the  order  in  which  the  said  colleges  shall 
be  organized  shall  not  be  construed  as  directing  or 
permitting  the  organization  of  any  of  the  specified 
colleges  to  be  unnecessarily  delayed,  but  only  as  indi- 
cating the  order  in  which  said  colleges  shall  be 
organized,  beginning  with  the  College  of  Agriculture, 
and  adding  in  succession  to  the  body  of  instructors 
in  that  and  the  other  colleges,  such  other  instructors 
as  may  be  necessary  to  organize  the  other  colleges 
successively  in  the  order  above  indicated.  Only  the 
first  year's  course  of  instruction  shall  be  provided 
for  in  each  college  at  first,  the  other  successive  years 
courses  being  added  in  each  year  as  the  students 
advance  to  the  same,  until  the  full  course  in  each 
college  is  established;  provided,  however,  that  the 
Board  of  Regents  may  organize  at  once  the  full 
course  of  the  College  of  Letters,  if  in  their  judgment 
it  is  expedient  so  to  do  in  order  to  allow  the  College 
of  California  to  immediately  convey  the  residue  of  its 
property  to  the  State  for  the  benefit  of  the  Univer- 


22  UNIVERSITY  OF  CALIFORNIA. 

sity,    and   to  become  disincorporate  and  go  out  of 
existence,  pursuant  to  its  proposition  to  that  effect. 

POL.  C.  SEC.  1403.  The  degree  of  Bachelor  of  Arts,  and  after- 
wards the  degree  of  Master  of  Arts,  in  usual  course,  must  be  con- 
ferred upon  the  graduates  of  the  College  of  Letters. 

SEC.  8.     The  Board  of  Regents  may  affiliate  with 
the  University,  and  make   an  integral    part   of  the 
same,  and  incorporate  therewith,   any  incorporated 
Affiliation  of     College  of   Medicine   or   of    Law,    or  other  special 
Medicine,0'       course    of  instruction  now  existing,   or  which  may 
Law,  etc.         hereafter   be    created,    upon    such  terms   as  to  the 
respective   corporations   may  be  deemed  expedient; 
And  such  college  or  colleges  so  affiliated  shall  retain 
the  control  of  their  own  property,  with  their  own 
Boards  of  Trustees,  and  their  own  Faculties  and  Presi- 
dents of  the  same,  respectively,  and  the  students  of 
those    colleges,    recommended     by     the     respective 
Faculties  thereof,  shall  receive  from  the  University 
the  degrees   of   those  colleges;   provided,  however, 
President  must  that  the  President  of  the  University  shall  be,    ex- 
•11  Faculties,     officio,  a  member  of  the  Faculty  of  each  and  every 
college    of  the   University,    and    President   of   such 
Faculty. 

POL.  C.  SEC.  1396.  The  Board  of  Regents  may  affiliate  with  the 
University  any  incorporated  college  of  medicine,  law,  or  other  special 
course  of  instruction,  upon  such  terms  as  may  be  deemed  expedient ; 
and  such  college  may  retain  the  control  of  its  own  property,  have  its 
own  Board  of  Trustees,  Faculties,  and  Presidents,  respectively;  and 
the  students  of  such  colleges,  recommended  by  the  respective  Faculties 
thereof,  may  receive  from  the  University  the  degrees  of  those  colleges. 

A  college  in  affiliating  with  the  University  becomes  subject  to  the 
laws  applicable  to  the  University  except  when  otherwise  provided 
either  in  the  Organic  Act  or  the  Act  creating  the  special  college.  The 
two  constitute  one  institution,  governed  by  the  same  laws,  with  only 
such  special  provisions  as  might  be  required  for  the  harmonious 


REGENTS'  MANUAL.  23 

operations  of  its  different  branches.  An  affiliation  imports  a  sub- 
jection to  the  same  general  laws  and  rules  that  are  applicable  to  the 
parent  institution,  with  such  special  exception  as  may  expressly  be 
made  and  such  as  arise  from  the  very  nature  and  purpose  of  the 
affiliated  institution. 

Foltz  vs.  Hoge,  54  Cal.  28. 

Hence,  there  being  no  special  prohibition,  females  are  entitled  to 
be  admitted  to  the  Hastings  College  of  the  Law  under  the  same  general 
policy  which  admits  them  to  the  University. 
Id. 

SEC.  9.     The    examinations  for  degrees   shall   be  Examinations 
annual,  and  the  Board  of  Regents  shall  take  measures  [°rdesre«  to 

be  annual 

to  make  such  examinations  thorough  and  complete. 
Students  who  shall  have  passed  not  less  than  a  full  who  may  be 
year  as  resident  students  in  any  college,  academy  or  e 
school  in  this  State,  and,  after  examination  by  the 
respective  faculty  of  such  college,  academy  or 
school,  are  recommended  by  such  faculty  as  profi- 
cient candidates  for  any  degree  in  any  regular  course 
of  the  University,  shall  be  entitled  to  be  examined 
therefor  at  the  annual  examination;  and,  on  passing 
such  examination,  shall  receive  such  degree  for  that 
course,  and  the  diploma  of  the  University  therefor, 
and  shall  rank  and  be  considered  in  all  respects  as 
graduates  of  the  University.  All  students  of  the 
University  who  have  been  resident  students  thereof 
"for  not  less  than  one  year,  and  all  graduates  of  the 
University  in  any  course,  may  present  themselves 
for  examination  in  any  other  course,  or  courses,  at  the 
annual  examinations,  and  on  passing  such  examina- 
tion, shall  receive  the  degree  and  diploma  of  that  Each  professor 
course.  Upon  such  examinations  each  professor  and  a 


to  cast  a  vote 


instructor  of  that  course   shall  cast  one  vote  upon  by  baiiot  in 
each  application  for  recommendation  to  the  Board  of  degre^r" 


24 


UNIVERSITY  OF  CALIFORNIA. 


Former 
graduates  of 
College  of 
California  and 
of  Affiliated 
Colleges  to  be 
alumni 


Certificates  of 
Proficiency 


Style  of 
Diplomas 


Honorary 
Degrees 


Regents  for  a  degree,  and  the  votes  shall  be  by 
ballot.  In  case  the  College  of  California  shall  sur- 
render its  property  to  the  University,  and  said 
donation  shall  be  accepted  by  the  Board  of  Regents, 
and  said  College  of  California  shall  thereafter  become 
disincorporate  in  pursuance  of  its  proposition  hereto- 
fore made  to  that  effect,  the  graduates  and  those 
who  shall  have  received  the  degrees  of  that  college 
shall  receive  the  degrees  from  the  University,  and  be 
considered  in  all  respects  graduates  of  the  same. 
And  the  last  above  expressed  provision  shall  apply  to 
the  previous  graduates  of  any  incorporated  college  of 
medicine,  law,  or  other  professional  college  which 
shall  become  affiliated  with  the  University,  as  herein 
otherwise  provided.  The  Board  of  Regents  shall  also 
confer  certificates  of  proficiency  in  any  branch  of 
study  upon  such  students  of  the  University  as,  upon 
examination,  shall  be  found  entitled  to  the  same. 
The  style  of  diplomas  and  degrees  shall  be:  "Uni- 
versity of  California,  College  of  Agriculture,"  or 
with  the  name  of  the  other  respective  college;  but 
honorary  degrees  for  the  higher  degrees,  not  lower 
than  that  of  Master  of  Arts,  may  be  conferred,  with 
the  designation  of  the  University  alone,  upon  persons 
distinguished  in  literature,  science  and  art. 

POL.  C.  SEC.  1397.  The  examinations  for  degrees  must  be  annual. 
Students  who  have  passed  not  less  than  a  year  as  residents  in  any 
college,  academy,  or  school  in  this  State,  and  who,  after  examination 
by  the  Faculty  thereof,  are  recommended  by  them  as  proficient  candi- 
dates for  any  degree  in  any  regular  course  of  the  University,  must  be 
examined  therefor  at  the  annual  examination;  and  on  passing  such 
examination  may  receive  the  degree  and  diploma  for  that  course, 
and  rank  as  graduates. 

POL.  C.  SEC.  1398.  All  students  of  the  University  who  have  been 
residents  thereat  for  not  less  than  one  year,  and  all  graduates  thereof, 


REGENTS'  MANUAL.  25 

may  present  themselves  for  examination  in  any  course  at  the  annual 
examinations,  and,  on  passing  such  examination,  may  receive  the 
degree  and  diploma  of  that  course. 

POL.  C.  SEC.  1399.  Upon  such  examinations  each  professor  and 
instructor  of  that  course  may  cast  one  vote,  by  ballot,  upon  each 
application  for  recommendation  to  the  Board  of  Regents  for  a  degree. 

POL.  C.  SEC.  1400.  Graduates  of  the  College  of  California,  and  of 
any  incorporated  college  affiliated  with  the  University,  may  receive 
the  degrees  from  and  rank  as  graduates  of  the  University. 

POL.  C.  SEC.  1401.  The  Board  of  Regents  may  also  confer  certifi- 
cates of  proficiency  in  any  branch  of  study  upon  such  students  of  the 
University  as  upon  examination  are  found  entitled  to  the  same. 

SEC.  10.  Scholarships  may  be  established  in  the  scholarships 
University  by  the  State,  associations  or  individuals, 
for  the  purpose  of  affording  tuition  in  any  course  of 
the  University,  free  from  the  ordinary  charges,  to 
any  scholar  in  the  public  schools  of  the  State  who 
shall  distinguish  himself  in  study,  according  to  the 
recommendation  of  his  teachers,  and  shall  pass  the 
previous  examination  required  for  the  grade  at  which 
he  wishes  to  enter  the  University,  or  for  the  purpose 
of  private  benefaction;  provided,  that  the  said 
scholarships  shall  be  approved  and  accepted  by  the 
Board  of  Regents. 

POL.  C.  SEC.  1395.  If  approved  by  the  Board  of  Regents,  scholar- 
ships may  be  established  in  the  University  by  any  persons  for  the 
purpose  of  private  benefaction  or  of  affording  tuition  in  any  course  of 
the  University,  free  from  the  ordinary  charges,  to  any  scholar  in  the 
public  schools  of  the  State  who  may  distinguish  himself  in  study, 
according  to  the  recommendation  of  his  teachers,  and  who  passes  the 
examination  required  for  the  grade  at  which  he  wishes  to  enter  the 
University. 

See  Stat.  of  April  1,  1870,  page  149. 

SEC.  11.     The  general  government  and   superin-  constitution  of 
tendence  of  the  University  shall  vest  in  a  Board  of  R""^"' 
Regents,    to   be   denominated  the   "Regents   of  the 


26 


UNIVERSITY  OF  CALIFORNIA. 


Twenty-two 
Members, 
citizens  and 
residents 


Six  ex  officio 


Eight  appointed 
by  Governor 
and  confirmed 
by  Senate 


Terms  to  be 
Sixteen  years 


[Eight 
Honorary] 


University  of  California,"  who  shall  become  incorpo- 
rated under  the  general  laws  of  the  State  of  California 
by  that  corporate  name  and  style.  The  said  Board 
shall  consist  of  twenty- two  members,  all  of  whom 
shall  be  citizens  and  permanent  residents  of  the 
State  of  California,  as  follows: 

First — Of  the  following  ex  officio  members, 
namely:  His  Excellency  the  Governor;  the  Lieu- 
tenant-Governor, or  the  person  acting  as  such;  the 
Speaker,  for  the  time  being,  of  the  Assembly;  the 
State  Superintendent  of  Public  Instruction;  the 
President,  for  the  time  being,  of  the  State  Agricul- 
tural Society;  and  the  President  for  the  time  being 
of  the  Mechanics'  Institute  of  the  City  and  County  of 
San  Francisco; 

Secondly — Of  eight  other  appointed  members,  to  be 
nominated  by  the  Governor,  by  and  with  the  advice 
and  consent  of  the  Senate,  who  shall  hold  their  office 
for  the  .term  of  sixteen  years;  provided,  that  such 
members  first  so  appointed  shall  be  classified  by  lot 
at  the  first  meeting  of  the  Board  of  Regents,  so  that 
one  of  the  numbers  so  appointed  shall  go  out  of  office 
at  the  end  of  every  successive  two  years,  and  after 
that  the  full  term  to  be  sixteen  years ;  and  the  record 
of  such  classification  shall  be  transmitted  by  said 
Board  of  Regents  to  the  Secretary  of  State  and  filed 
in  his  office; 

Thirdly — Of  eight  additional  honorary  members, 
to  be  chosen  from  the  body  of  the  State  by  the 
official  and  appointed  members,  who  shall  hold  their 
office  for  the  term  of  sixteen  years;  provided,  that 
such  honorary  members  first  so  chosen  shall  be 


REGENTS'  MANUAL.  27 

classified  by  lot,  when  so  appointed,  by  the  Board  of 
Regents  so  appointing  them,  so  that  one  of  the  mem- 
bers so  chosen  shall  go  put  of  office  at  the  end  of  each 
successive  two  years,  and  after  that  the  full  term  to 
be  sixteen  years,  and  the  record  of  such  classification 
shall  be  transmitted  by  said  Board  of  Regents  to  the 
Secretary  of  State,  to  be  filed  in  his  office.  Each 
member  of  the  said  Board,  whether  official,  appointed 
or  honorary,  shall,  if  present,  be  entitled  to  one  vote 
at  all  the  meetings  of  said  Board.  The  first  official  First  term 
year  from  which  the  terms  of  office  shall  be  com-  'r™8March  '* 
puted  to  run,  shall  be  the  first  day  of  March,  in  the 
year  eighteen  hundred  and  sixty-eight.  Vacancies  [vacancies 
in  the  office  of  appointed  members  of  the  Board, 
occurring  in  the  recess  of  the  Legislature,  shall  be 
filled  for  the  rest  of  the  term  by  appointment  of  the 
Governor.  Vacancies  in  the  office  of  honorary  mem- 
bers occurring  from  any  other  cause  other  than 
expiration  of  the  term  by  limitation  shall  be  filled  for 
the  rest  of  the  term  by  appointment  of  the  Board  of 
Regents.  In  case  the  Senate  shall  adjourn  before  the 
Governor  shall  have  nominated  the  first  appointed 
members  of  the  Board  of  Regents,  under  this  Act,  or 
before  it  shall  have  confirmed  his  nomination  in  their 
behalf,  the  Governor  shall  appoint  the  same  by  his 
sole  act.  No  member  of  the  Board  of  Regents,  or  of 
the  University,  shall  be  deemed  a  public  officer  by  Regents  not 
virtue  of  such  membership,  or  required  to  take  any  officers 
oath  of  office,  but  his  employment  as  such  shall  be 
held  and  deemed  to  be  exclusively  a  private  trust; 
and  no  person  who  at  the  time  holds  any  executive 
office  or  appointment  under  the  State  shall  be  a  Limitations 
member  of  said  Board,  except  the  executive  officers  on  APP°intment 


1> 


UNIVERSITY  OF  CALIFORNIA. 


Governor  to 
be  President 
of  Regents 


President  of 
University  a 
Regent 

Sixteen  Regents 
Appointed  by 
Governor 


Governor  fills 
vacancies 


above  mentioned.  The  Governor  shall  be  President 
of  the  Board  of  Regents,  and  in  his  absence  the 
Board  shall  appoint  a  President  pro  tempore. 

POL.  C.  SEC.  1425.  The  University  is  under  the  control  of  a  Board 
of  Regents,  consisting  of  twenty-two  members;  but  the  President  of 
the  University,  for  the  time  being,  shall  be  a  member  of  the  Board  of 
Regents,  by  virtue  of  his  office. 

POL.  C.  SEC.  1426.  Sixteen  members  of  the  Board  are  appointed 
by  the  Governor,  with  the  advice  and  consent  of  the  Senate.  Their 
term  of  office  is  sixteen  years. 

POL.  C.  SEC.  1427.  Six  members  of  the  Board  hold  by  virtue  of 
other  offices,  as  provided  in  section  three  hundred  and  fifty-three. 

POL.  C.  SEC.  1428.  Whenever  a  vacancy  occurs  in  the  Board,  the 
Governor  must  appoint  some  person  to  fill  it,  and  the  person  so 
appointed  holds  for  the  remainder  of  the  term. 

POL.  C.  SEC.  1429.     The  Governor  is  President  of  the  Board. 

POL.  C.  SEC.  353.  The  Governor,  Lieutenant -Governor,  Speaker 
of  the  Assembly,  Superintendent  of  Public  Instruction,  President  of 
the  State  Board  of  Agriculture,  and  President  of  the  Mechanics'  Insti- 
tute of  San  Francisco,  are  ex  officio  Regents  of  the  University  of 
California.  The  appointment  and  terms  of  the  office  of  the  other 
Regents  are  provided  for  in  Chapter  I,  Title  III,  of  Part  III,  of  this 
Code. 

The  Regents  incorporated  under  the  provisions  of  an  act  entitled 
"An  Act  Authorizing  the  Incorporation  of  Institutions  of  Learning" 
quoted  at  page  108. 

The  Regents  are  not  public  officers.  Section  343  Pol.  C.  declaring 
them  to  be  civil  executive  officers  is  unconstitutional. 

Lundy  vs.  Delmas,  104  Cal.  655. 

Hence  they  are  not  personally  liable  in  an  action  for  damages  for 
injuries  claimed  by  negligence  in  not  properly  maintaining  a  tele- 
graph line  on  Mt.  Hamilton.  The  corporation  is  charged  with  this 
duty,  and  the  rule  which  makes  a  public  officer  answerable  for  neglect 
in  the  discharge  of  the  duties  of  his  office  does  not  apply. 
Id. 


Regents  to  hold  SEC.  12.  The  said  Board  of  Regents,  when  so 
*1f1£reoperty  incorporated,  shall  have  the  custody  of  the  books, 
university  records,  buildings,  and  all  other  property  of  the  Uni- 


REGENTS'  MANUAL.  29 

versity.  The  lands  and  other  property  heretofore 
donated  to  the  State  by  the  President  and  Trustees 
of  the  College  of  California,  and  which  are  situated 
in  the  Township  of  Oakland,  in  the  County  of  Ala- 
meda,  for  the  purpose  of  erecting  thereon  an  Agri- 
cultural College,  and  for  other  purposes  mentioned 
in  the  deed  of  conveyance  by  which  the  same  were  so 
conveyed,  shall  be  and  forever  remain  vested  in  the 
State  of  California ;  as  shall  also  be  vested  in  the  said 
State  all  property  which  shall  be  purchased  by  the 
funds  of  the  State,  or  from  the  proceeds  of  donations 
made  to  the  State  for  the  purpose  of  the  University, 
or  of  any  of  the  colleges  or  professorships  thereof; 
and  the  said  Board  of  Regents  shall  have  no  power  Not  to  alienate 
to  alienate  or  incumber,  by  mortgage,  hypothecation,  p^per"™156' 
lien  or  otherwise,  any  portion  of  said  property  except  without 
on  terms  such  as  the  Legislature  shall  have  previously 
approved ;  any  act  of  the  said  Regents,  or  of  any  other 
person,  which  shall  purport  to  have  that  effect  shall 
be  wholly  null  and  void.  All  lands,  moneys,  bonds, 
securities  or  other  property  which  shall  be  donated, 
conveyed  or  transferred  to  the  said  Board  of  Regents 
by  gift,  devise,  or  otherwise,  including  such  property 
as  may  hereafter  be  donated  and  conveyed  by  the 
President  and  Board  of  Trustees  of  the  College  of 
California,  in  trust,  or  otherwise,  for  the  use  of  said 
University,  or  of  any  college  thereof,  or  of  any  pro- 
fessorship, chair  or  scholarship  therein,  or  for  the 
library,  observatory,  or  any  other  purpose  appropri- 
ate thereto,  shall  be  taken,  received,  held,  managed, 
invested,  reinvested,  sold,  transferred,  and  in  all 
respects  managed,  and  the  proceeds  thereof  used, 
bestowed,  invested  and  reinvested,  by  the  said  Board 


30 


UNIVERSITY  OF  CALIFORNIA. 


May  execute 
Trusts  for  Use 
of  University 


Affiliated 
College  may 
retain  its 
own  property 


Regents  to 
enact  Laws, 
elect  President 
and  Professors 
fix  terms  and 
salaries,  and 
determine 
qualifications 
of  students 


of  Regents,  in  their  corporate  name  and  capacity,  for 
the  purposes  and  under  the  terms,  provisions  and 
conditions  respectively  prescribed  by  the  act  of  gift, 
devise,  or  other  act  in  the  respective  case.  In  case 
any  incorporated  College  of  Law,  Medicine,  or  the 
like,  shall  be  brought  into  the  said  University  by 
affiliation,  as  herein  otherwise  provided,  such  college  so 
affiliated  may  retain  its  own  property,  then  possessed 
by  it  or  thereafter  to  be  acquired,  to  be  invested  in 
and  held  and  managed  by  its  own  corporation,  and 
the  said  Board  of  Regents  shall  have  no  right  of 
property  in  or  power  of  control  over  the  same,  nor 
shall  be  liable  for  any  acts  or  contracts  of  such  affili- 
ated corporation. 

A  mortgage  held  by  the  Regents  is  the  property  of  the  State  and  is 
therefore  not  taxable. 

Hollistervs.  Sherman,  63  Cal.  38. 

It  should,  however,  be  deducted  from  the  full  value  of  the  property 
on  which  it  is  a  lien  in  order  to  find  the  taxable  value  of  that  property. 

People  vs.  Supervisors  of  S.  F.,  77  Cal.  136. 

Under  this  Section  and  Pol.  C.  1432,  page  31,  the  Regents  found 
authority  to  receive  the  Lick  Trust  for  the  establishment  and  main- 
tenance of  the  "Lick  Astronomical  Department  of  the  University  of 
California." 

Report  of  Law  Committee;  SECRETARY'S  REPORT  for  1887:75. 
See  Note  to  Section  1  of  this  Act,  page  16. 

SEC.  13.  The  Regents  and  their  successors  in 
office,  when  so  incorporated,  shall  have  power,  and 
it  shall  be  their  duty,  to  enact  laws  for  the  govern- 
ment of  the  University,  to  elect  a  President  of  the 
University  and  the  requisite  number  of  professors, 
instructors,  officers  and  employes,  and  to  fix  their 
salaries,  also  the  term  of  office  of  each,  and  to  deter- 
mine the  moral  and  educational  qualifications  of 


REGENTS'  MANUAL.  31 

applicants  for  admission  to  the  various  courses  of 
instruction.     They  shall  also  consider  and  determine 
whether  the  interests  of  the  University  and  of   the 
students,  as  well  as  those  of  the  State,  and  of  the 
great  body  of  scientific  men  in  the  State  whose  pur- 
pose  js  to  devote  themselves  to  public  instruction, 
will  not  be  greatly  promoted  by  committing  those 
courses  of  instruction  which  are  brief  and  special  to 
professors  employed  for  short  terms,  and  for  only  a  Non-resident 
portion  of  each  year  in  their  special  departments,  Professors 
and  to  be  termed  non-resident  professors;  and  their 
decision  in  that  regard  may  be  reconsidered  by  them 
as    often   as   they  deem    it   expedient.     And    it   is 
expressly  provided   that   no    sectarian,   political    or 
partisan  test  shall  ever  be  allowed  or  exercised   in 
the  appointment  of  Regents,  or  in  the  election  of 
professors,  teachers,  or  other  officers  of  the  Univer-  NO  sectarian, 
sity,  or  in  the  admission  of  students  thereto,  or  for  J^J^^,,, 
any  purpose  whatsoever;  nor  at  any  time  shall  the  allowed 
majority  of  the  Board  of  Regents  be  of  any  one  reli- 
gious sect,  or  of  no  religious  sect;    and  persons  of 
every   religious    denomination,    or   of    no    religious 
denomination,  shall  be  equally  eligible  to  all  offices, 
appointments  and  scholarships. 

POL.  C.  SEC.  1432.     The  powers  and  duties  of  the  Board  of  Regents 
are  as  follows: 

1.  To  meet  at  such  times  and  places  as  their  rules  may  prescribe, 
or  at  the  call  of  the  President  of  the  Board. 

2.  To  control  and  manage  the  University  and  its  property. 

3.  To  prescribe  rules  for  their  own  government  and  for  the  govern- 
ment of  the  University. 

4.  To  adopt  and  prescribe  rules  for  the  government  and  discipline 
of  the  Cadets. 

REGENTS'  MANUAL — 3 


32  UNIVERSITY  OF  CALIFORNIA. 

5.  To  receive,  in  the  name  of  the  State,  or  of  the  Board  of  Regents, 
as  the  case  maybe,  all  property  donated  to  the  University.     (See  Note 
to  Sec.  12  of  the  Organic  Act,  page  30.) 

6.  To  choose  a  President  of  the  University,  the  professors,  and 
other  officers  and  employees  of  the  University,  prescribe  their  duties, 
fix  and  provide  for  the  payment  of  their  salaries. 

7.  To  fix  the  qualifications  for  admission  to  the  benefits  of   the 
University. 

8.  To  fix  the  admission  fee  and  rates  of  tuition. 

9.  To  appoint  a  Secretary  and  Treasurer,  prescribe  their  duties, 
and  fix  and  provide  for  the  payment  of  their  compensation. 

10.  To  remove,  at  pleasure  any  officer,  professor,  or  employee  of  the 
University. 

11.  To  supervise   the  general   courses  of  instruction,  and  on  the 
recommendation   of  the    several  Faculties,  prescribe  the  authorities 
and  text-books  to  be  used  in  the  several  colleges. 

12.  To  confer  such  degrees,  and  grant  such  diplomas,  as  are  usual 
in  Universities,  or  as  they  deem  appropriate. 

13.  To  establish  and  maintain  a  museum. 

14.  To  establish  and  maintain  a  library. 

15.  To  take  immediate  measures  for  the  permanent  improvement 
and  planting  of  the  University  grounds. 

16.  To  keep  a  record  of  all  their  proceedings. 

SEC.  1405.  No  sectarian,  political,  or  partisan  test  must  ever  be 
allowed  or  exercised  in  the  appointment  of  Regents,  or  in  the  election 
of  professors,  teachers,  or  other  officers  of  the  University,  or  in  the 
admission  of  students  thereto,  or  for  any  purpose  whatsoever;  nor 
must  the  majority  of  the  Board  of  Regents  be  of  any  one  religious 
sect  or  of  no  religious  belief. 

Tuition  SEC.  14.  For  the  time  being,  an  admission  fee  and 
rates  of  tuition,  such  as  the  Board  of  Regents  shall 
deem  expedient,  may  be  required  of  each  pupil, 
except  as  herein  otherwise  provided;  and  as  soon  as 
the  income  of  the  University  shall  permit,  admission 
and  tuition  shall  be  free  to  all  residents  of  the  State ; 
and  it  shall  be  the  duty  of  the  Regents,  according  to 


REGENTS'  MANUAL.  33 

population,  to  so  apportion  the  representation  of 
students,  when  necessary,  that  all  portions  of  the 
State  shall  enjoy  equal  privileges  therein. 

POL.  C.  SEC.  1393.  An  admission  fee  and  rates  of  tuition  fixed  by 
the  Board  of  Regents  must  be  required  of  each  pupil,  except  as  herein 
otherwise  provided. 

POL.  C.  SEC.  1394.  As  soon  as  the  income  of  the  University  shall 
permit,  admission  and  tuition  must  be  free  to  all  residents  of  the 
State;  and  the  Regents  must  so  apportion  the  representation  of 
students  according  to  population  that  all  portions  of  the  State  may 
enjoy  equal  privileges  therein. 

SEC.  15.  The  President  of  the  University  shall  President  of 
be  President  of  the  several  Faculties  and  the  execu-  University 
tive  head  of  the  institution  in  all  its  departments, 
except  as  herein  otherwise  provided.  He  shall  have 
authority,  subject  to  the  Board  of  Regents,  to  give 
general  direction  to  the  practical  affairs  of  the  several 
colleges,  and,  in  the  recess  of  the  Board  of  Regents, 
to  remove  any  employe  or  subordinate  officer,  not  a 
member  of  any  Faculty,  and  to  supply  for  the  time 
being,  any  vacancies  thus  created;  and,  so  long  as  the 
interests  of  the  institution  require  it,  he  shall  be 
charged  with  the  duties  of  one  of  the  professorships. 
A  competent  person,  who  is  a  practical  agriculturist 
by  profession,  competent  to  superintend  the  working 
of  the  agricultural  farm,  and  of  sufficient  scientific 
acquirements  to  discharge  the  duties  of  Secretary  of  secretary  of 
the  Board  of  Regents  as  prescribed  in  this  Act,  shall  Regents 
be  chosen  by  said  Board  as  their  Secretary,  and,  in 
addition  to  his  special  duties  as  such,  as  prescribed 
in  this  Act,  he  shall  perform  such  other  duties  as 
they  shall  impose.  He  shall  receive  for  his  services 
such  reasonable  salary  as  the  Board  of  Regents  shall 
prescribe.  The  Board  of  Regents  may  also  appoint 


34 


UNIVERSITY  OF  CALIFORNIA. 


Treasurer  of 
University 


Duties  of 
Secretary  : 
Office  at 
Berkeley, 
Records  to  be 
kept ;  open  to 
inspection  of 
citizens 


Correspond- 
ence with 
various 
Interests 


a  Treasurer  of  the  University,  and  prescribe  the  form 
and  sureties  of  his  bond  as  such,  which  shall  be 
executed,  approved  by  them  and  filed  with  the  Sec- 
retary, before  any  such  Treasurer  shall  go  into  office. 
The  Secretary  and  Treasurer  shall  be  subject  to 
summary  removal  by  the  Board  of  Regents. 

POL.  C.  SEC.  1389.  The  President  of  the  University  is  the  execu- 
tive head  of  the  institution  in  all  its  departments,  except  as  herein 
otherwise  provided. 

POL.  C.  SEC.  1390.  He  must,  subject  to  the  Board  of  Regents, 
give  general  direction  to  the  practical  affairs  of  the  several  colleges, 
and  in  the  recess  of  the  Board  of  Regents  may  remove  any  employee 
or  subordinate  officer  not  a  member  of  any  Faculty,  and  supply  for  the 
time  being  any  vacancies  thus  created ;  and  until  the  Regents  other- 
wise direct  he  is  charged  with  the  duties  of  one  of  the  professorships. 

POL.  C.  SEC.  1449.  A  practical  agriculturist,  competent  to  super- 
intend the  working  of  the  agricultural  farm  and  to  discharge  the 
duties  of  Secretary  of  the  Board  of  Regents,  must  be  chosen  by  the 
Board  as  their  Secretary. 

POL.  C.  SEC.  1451.  The  Secretary  holds  office  at  the  pleasure  of, 
and  receives  the  compensation  fixed  by  the  Board. 

SEC.  16.  The  Secretary  of  the  Board  of  Regents 
shall  reside  and  keep  his  office  at  the  seat  of  the  Uni- 
versity. It  shall  be  his  duty  to  keep  a  record  of  the 
transactions  of  the  Board  of  Regents,  which  shall  be 
open  at  all  times  to  the  inspection  of  any  citizen  of 
this  State.  He  shall  also  have  the  custody  of  all 
books,  papers,  documents,  and  other  property  which 
may  be  deposited  in  his  office;  also  keep  and  file  all 
reports  and  communications  which  may  be  made  to 
the  University  from  time  to  time  by  county,  State, 
and  district  agricultural  societies,  horticultural,  vini- 
cultural,  mechanical  and  mining  societies;  and  of  all 
correspondence  from  other  persons  and  societies 
appertaining  to  the  business  of  education,  science, 


REGENTS1  MANUAL.  35 

art,  husbandry,  mechanics  and  mining;  address 
circulars  to  societies,  and  to  the  best  practical 
farmers,  mechanics  and  miners  in  this  State  and 
elsewhere,  with  the  view  of  eliciting  information 
upon  the  latest  and  best  modes  of  culture  of  the 
products,  vegetables,  trees,  etc.,  adapted  to  the  soil 
and  climate  of  the  State,  and  also  on  all  subjects 
connected  with  field  culture,  horticulture,  stock  rais- 
ing and  the  dairy;  he  shall  also  correspond  with 
established  schools  of  mining  and  metallurgy  in 
Europe,  and  obtain  such  information  respecting  the 
improvements  of  mining  machinery  adapted  to  Cali- 
fornia, and  publish  from  time  to  time  such  informa- 
tion, as  will  be  of  practical  benefit  to  the  mining 
interests  and  the  working  of  all  ores  and  metals; 
receive  and  distribute  such  rare  and  valuable  seeds, 
plants,  shrubbery  and  trees  as  may  be  in  his  power 
to  procure  from  the  General  Government  and  other 
sources,  as  may  be  adapted  to  our  climate  and  soil, 
or  to  purposes  of  experiment  therein.  To  effect  these 
objects  he  shall  correspond  with  the  Patent  Office  at 
Washington,  and  with  the  representatives  of  our 
National  Government  abroad,  and,  if  possible,  pro- 
cure valuable  contributions  to  agriculture  from  these 
sources.  He  shall  aid,  as  far  as  possible,  in  obtain- 
ing contributions  to  the  museum  and  the  library  of  Aid  in 
the  said  college,  and  thus  aid  in  the  promotion  of  promojionof 

Agriculture, 

agriculture,  science  and  literature.     He  shall  keep  a  science  and 
correct  account  of  all  the  executive  acts  of  the  Presi- 
dent of  the  University,  and  an  accurate  account  of  Account  of 
all  moneys  received  into  the  treasury,  as   well  as  ^mile'aas 

those    paid    OUt.  and  of  moneys 

POL.  C.  SEC.  1450.     The  Secretary  must : 


36  UNIVERSITY  OF  CALIFORNIA. 

1.  Beside  and  keep  his  office  at  the  seat  of  the  University. 

2.  Keep  a  record  of   the  transactions  of   the  Board  of   Begents, 
which  must  be  open  at  all  times  to  the  inspection  of  any  citizen  of 
this  State. 

3.  Have  the  custody  of   all  books,  papers,  documents,  and    other 
property  which  may  be  deposited  in  his  office. 

4.  Keep  and  file  all  reports    and    communications  which    may  be 
made  to  the   University  appertaining  to  education,  science,  art,  hus- 
bandry, mechanics,  or  mining. 

5.  Address  circulars  to  societies  and  others,  soliciting  information 
upon  the  latest  and  best  modes  of  culture  of  the  products  adapted  to 
the  soil  and  climate  of  the  State,  and  on   all   subjects  connected  with 
field  culture,  horticulture,  stock  raising,  and  the  dairy. 

6.  Correspond  with  established  schools   of  mining  and  metallurgy 
in  Europe,  and  obtain   information   respecting  the   improvements  of 
mining  machinery  adapted  to  California. 

7.  Correspond  with  the  patent  office  at  Washington,  and  with    the 
representatives  of  the   Government  of  the  United    States   abroad,  to 
procure  contributions  to  agriculture  from  these   sources;  receive  and 
distribute  seeds,  plants,  shrubbery,  and  trees  adapted  to  our  climate 
and  soils,  for  the  purposes  of  experiment. 

8.  Obtain  contributions  to  the  museums   and  the   library  of   the 
University. 

9.  Keep  a  correct  account  of  all  the  executive  acts  of  the  President 
of  the  University. 

10.  Keep  an  accurate  account  of  all  moneys  received  into  the  treas- 
ury or  paid  therefrom. 

SEC.  17.     The  seeds,  plants,  trees  and  shrubbery 

secretary  to  received  by  the  Secretary  and  not  needed  by  the  Uni- 

sSlTetc.,    versity  shall  be,  so  far  as  possible,  distributed  with- 

throughout    out  charge  equally  throughout  the  State,  and  placed 

in  the  hands  of  those  farmers  and  others  who  will 

agree  to  cultivate  them  properly  and  return  to  the 

Secretary's    office    a   reasonable   proportion    of    the 

products  thereof,  with  a  full  statement  of  the  mode 

of  cultivation,  and  such  other  information  as  may  be 

necessary  to  ascertain  their  value  for  general  cultiva- 


REGENTS1  MANUAL.  37 

tlon  in  the  State.     Information  in  regard  to  agricul- 
ture, the  mechanic  arts,  mining  and  metallurgy  may  and  publish 
be  published  by  him  from  time  to  time  in  the  news-  I;*™;1™ 
papers  of  the  State  as  matters  of  public  information  Agriculture, 

.......  .  Mechanic  Arts, 

provided   it  does    not   involve    any  expense  to  the  etc. 
State. 

POL.  C.  SEC.  1450.  Subdivision  11.  Distribute  the  seeds,  plants, 
trees,  and  shrubbery  received  by  him  and  not  needed  by  the  University, 
equally  throughout  the  State,  to  farmers  and  others  who  will  agree  to 
cultivate  them  properly  and  return  to  the  Secretary's  office  a  reason- 
able proportion  of  the  products  thereof,  with  a  statement  of  the  mode 
of  cultivation,  and  such  other  information  as  may  be  necessary  to 
ascertain  their  value  for  cultivation  in  the  State. 

12.  Publish  from  time  to  time  in  the  newspapers  of  the  State,  free 
of  charge,  information  relating  to  agriculture,  the  mechanic  arts, 
mining,  and  metallurgy. 

SEC.  18.  The  immediate  government  and  disci- 
pline of  the  several  colleges  shall  be  intrusted  to 
their  respective  Faculties,  to  consist  of  the  President  Faculties 
and  the  resident  Professors  of  the  same,  each  of 
which  shall  have  its  own  organization,  regulate  the 
affairs  of  its  own  college,  recommending  the  course 
of  study  and  the  text-books  to  be  used,  for  the 
approval  of  the  Board  of  Regents,  and,  in  connec- 
tion with  the  President  as  its  executive  officer,  have 
the  government  of  its  students.  All  the  Faculties 
and  instructors  of  the  University  shall  be  combined 
into  a  body  which  shall  be  known  as  the  Academic  Academic 
Senate,  which  shall  have  stated  meetings  at  regular  s 
intervals,  and  be  presided  over  by  the  President,  or 
a  President  pro  tempore,  and  which  is  created  for  the 
purpose  of  conducting  the  general  administration  of 
the  University  and  memorializing  the  Board  of 
Eegents;  regulating,  in  the  first  instance,  the  general 


38  UNIVERSITY  OF  CALIFORNIA. 

and  special  courses  of  instruction,  and  to  receive  and 
determine  all  appeals  couched  in  respectful  terms 
from  acts  of  discipline  enforced  by  the  Faculty  of  any 
college.  Its  proceedings  shall  be  conducted  according 
to  rules  of  order  ;  and  every  person  engaged  in  instruc- 
tion in  the  University,  whether  resident  Professors, 
non-resident  Professors,  lecturers,  or  instructors,  shall 
have  permission  to  participate-  in  its  discussions;  but 
the  right  of  voting  shall  be  confined  to  the  President 
and  the  resident  and  non-resident  Professors.  But 

Regents  may  the  Regents  shall  have  power  to  supervise  the  general 
courses  of  instruction,  and  on  the  recommendation  of 
the  several  Faculties  prescribe  the  authorities  and 
text-books  to  be  used  in  the  several  courses  and 
colleges,  and  also  to  confer  such  degrees  and  grant 
such  diplomas  as  are  usual  in  Universities,  or  as 

NO  honorary  they  shall  deem  appropriate;  provided,  no  honorary 
degree  of  any  college  or  course  shall  be  granted  by 
the  Regents,  nor  shall  any  degree,  certificate  or 
diploma,  for  any  course  or  branch  of  instruction,  be 
granted  by  the  Regents,  unless  upon  examination 
therefor  as  prescribed  in  this  Act,  except  the  substi- 
tuted degrees  and  diplomas  provisionally  provided  for 
those  having  received  degrees  from  the  College  of  Cali- 
fornia, in  case  the  said  college  becomes  extinct  and 
disincorporates,  and  for  the  graduates  of  affiliated 
professional  colleges  as  herein  otherwise  provided. 

POL.  C.  SEC.  1391.  The  immediate  government  of  the  several 
colleges  is  intrusted  to  their  respective  Faculties,  each  of  which 
must  have  its  own  organization,  regulate  its  own  affairs,  and  may 
recommend  the  course  of  study  and  the  text-books  to  be  used. 


Right  of 
Voting 


supervise 
courses 


and  confer 
degrees 


conferred 


POL.  C.  SEC.  1461.     The  Academic  Senate  is  composed  of  the  Fac- 
ulties and  Instructors  of  the  University. 


REGENTS'  MANUAL.  39 

POL.  C.  SEC.  1462.  The  Senate  must' conduct  the  general  adminis- 
tration of  the  University,  regulate  the  general  and  special  courses  of 
instruction,  receive  and  determine  all  appeals  from  acts  of  discipline 
enforced  by  the  Faculty  of  any  college,  and  exercise  such  other  powers 
as  the  Board  of  Regents  may  confer  upon  it. 

POL.  C.  SEC.  1463.  Its  proceedings  must  be  conducted  according  to 
rules  of  order  adopted  by  it,  and  every  person  engaged  in  instruction 
in  the  University  may  participate  in  its  discussions ;  but  the  right  of 
voting  is  confined  to  the  President  and  the  Professors. 

SEC.  19.     At   the   close   of   each   fiscal  year   the  [Annual  Report 
Regents,    through    their    President,    shall    make    a  ofReBents] 
report  in  detail  to  the  Governor,  exhibiting  the  pro- 
gress, condition  and  wants  of   each  of   the  colleges 
embraced  in  the  University,  the  course  of  study  in 
each,  the  number  of  professors   and   students,   the 
amount  of  receipts  and  disbursements,  together  with 
the  nature,  cost  and  results  of  all  important  investi- 
gations and  experiments,  and  such  other  information 
as  they  may  deem  important;   one  printed  copy  of  to  be  primed 
which  shall  be  transmitted,  free,  by  their  Secretary,  and  distributed 
to  all  colleges  endowed  under  the  provisions  of  the 
Congressional  Act  of  July  second,  eighteen  hundred 
and    sixty- two,   hereinbefore   referred   to;    also   one 
printed  copy  to  the  Secretary  of  the  Interior,  as  pro- 
vided in  said  Act. 

POL.  CODE.  SEC.  1432.      The  powers  and  duties  of  the  Board  of 

Regents  are  as  follows: 

***** 

17.  Through  the  President  of  the  University,  to  report  to  the  Gov-    Report  by 
ernor  the   progress,   conditions,    and  wants  of  each  of  the   colleges    President 
embraced  in  the  University,  the  course  of  study  in  each,  the  number 
of  professors  and  students,  the  amount  of  receipts  and  disbursements, 
together  with  the  nature,  cost,  and  results  of  all  important  investiga- 
tions and  experiments,  and  such  other  information  as  they  may  deem 
important. 

See  Pol.  Code,  Sec.  332,  p.  128. 


40 


UNIVERSITY  OF  CALIFORNIA. 


Endowments 


proceeds  from 


SEC.  20.  For  the  endowment  and  support  of  the 
University  and  its  buildings  and  improvements, 
there  are  hereby  appropriated: 

First  —  The  capital,  income,  proceeds,  securities, 
and  avails  and  interest  that  have  accrued  or  may  here- 
after accrue  from  the  sale  of  the  seventy-two  sec- 
tions of  land  granted  to  the  State  for  a  seminary  of 
learning  by  an  Act  of  Congress  entitled  "An  Act  to 
provide  for  the  survey  of  the  public  lands  in  Califor- 
nia, the  granting  of  preemption  rights  therein,  and 
for  other  purposes,"  approved  March  third,  eighteen 
hundred  and  fifty  three,  and  from  the  sale  of  the  ten 
sections  of  land  granted  to  the  State  for  public  build- 
ings, by  said  Act  of  Congress,  which  shall  be  forth- 
with, so  far  as  the  same  have  been  received,  and 
hereafter  as  fast  as  the  same  shall  be  received  by 
any  of  the  officers  of  the  State,  shall  be  paid  over  to 
the  said  Board  of  Regents  upon  their  order  therefor. 


and  from  sale 
of  Land 
granted  by 
Act  of  1862 


Secondly — The  income,  revenue  and  avails  which 
shall  be  derived  or  received  from  the  investment  of 
the  proceeds  of  the  sale  of  the  lands,  or  of  the  scrip 
therefor,  or  of  any  part  thereof,  granted  to  this  State 
by  an  Act  of  Congress  entitled  "An  Act  donating 
public  lands  to  the  several  States  and  Territories  of 
the  United  States  for  the  benefit  of  agriculture  and 
the  mechanic  arts,"  approved  July  second,  eighteen 
hundred  and  sixty- two,  which  are  hereby  appropriated 
to,  and,  from  time  to  time,  as  the  same  shall  be 
received,  shall  be  paid  into  the  State  Treasury, 
carried  to  the  credit  of  the  said  Board  of  Regents,  and 
paid  over  to  the  Treasurer  of  the  University,  for  the 


REGENTS'  MANUAL.  41 

use  and  behoof  of  the  said  University,  and  expended 
by  said  Board  as  elsewhere  prescribed  in  this  Act; 
and  said  lands  shall  be  located  and  sold  under  the 
direction  of  the  Board  of  Regents,  and  for  such  price, 
and  on  such  terms  only  as  they  shall  prescribe. 

See  the  Act,  p.  75. 

Thirdly — All  such  contributions  to  the  endowment,  state  and 
or  other  funds,  as  may  be  derived  from  appropria-  ^",'^8 
tions  by  the  State,  from  the  United  States,  or  from  and  Public 
public  or  private  bounty.     The  entire  income  of  said  Bounty™ 
funds  shall  be  placed  at  the  disposition  of  the  Board 
of  Regents  for  the  support  of  the  University,  and  of 
the  several  colleges  and  schools  thereof,  as  herein 
otherwise  provided,  with  the  exception  of  such  affili-  Not  to  be 
ated   incorporated   colleges    as    shall   preserve  their  ^J/°erd 
own  property  and  the  income  thereof,  as  herein  other-  colleges 
wise  provided ;  and  provided,  moreover,  that  all  means 
derivable  from  either  public  or  private  bounty  shall 
be  exclusively  devoted   to  the   specific    objects   for  special 
which  they  shall  have  been  designed  by  the  grantor.   ^"y°b*ments 
The  Board  of  Regents  may  appoint  competent  per-  received 
sons  to  solicit-  and  collect  private  contributions  for  solicitors 
the  endowment  of  the  University,  and  pay  them  for 
their  services  in  that  behalf,  out  of  the  funds   so 
obtained  by  them,  such  reasonable  compensation  as 
the  Board  may  prescribe. 

Fourthly — All  such  appropriations  as  may  be  made  Legislative 
for  that  purpose  by  the  Legislature. 

POL.  C.  SEC.  1415.     The   endorsement   [endowment]  of   the    Uni- 
versity is : 

1.  The  proceeds  of  the  sale  of   the  seventy-two  sections  of  land 
granted  to  the  State  for  a  seminary  of  learning. 


42  UNIVERSITY  OF  CALIFORNIA. 

2.  The  proceeds  of  the  ten  sections  of  land  granted  to  the  State  for 
public  buildings. 

3.  The  income  derived  from  the  investments  of  the  proceeds  of  the 
sale  of  the   lands  or    of   the  scrip  therefor,  or  of    any  part  thereof, 
granted  to  this  State  for  the  endowment,  support,  and  maintenance  of 
at  least  one  college  where  the  leading  object  shall  be — without  exclud- 
ing other  scientific  and  classical  studies,  and  including  military  tactics — 
to  teach  such  branc[h]es  of  learning  as  are  related  to  agriculture  and 
the  mechanic  arts. 

4.  The  income  of  the  fund  set  apart  by  "An  Act  for  the  endowment 
of   the   University  of   California,"   approved  April    second,   eighteen 
hundred  and  seventy,  which  is  continued  in  force. 

6.  The  State  of  California,  in  its  corporate  capacity,  may  take  by 
grant,  gift,  devise,  or  bequest,  any  property  for  the  use  of  the  Univer- 
sity, and  hold  the  same,  and  apply  the  funds  arising  therefrom,  through 
the  Regents  of  the  University,  to  the  support  of  the  University,  as 
provided  in  Article  IX,  section  four,  of  the  Constitution. 

7.  The  Regents  of  the  University,  in  their  corporate  capacity,  may 
take  by  grant,  gift,  devise,  or  bequest,  any  property  for  the  use  of  the 
University,  or  of  any  college  thereof,  or  of  any  professorship,  chair, 
or  scholarship  therein,  or  for  the  library,  an  observatory,  workshops, 
gardens,  greenhouses,  apparatus,  a  Students'  Loan  Fund  or  any  other 
purpose,  appropriate  to   the  University;  and   such  property   shall  be 
taken,    received,    held,    managed,    and    invested,    and    the    proceeds 
thereof  used,  bestowed,  and  applied  by  the  said  Regents  for  the  pur- 
poses, provisions,  and  conditions  prescribed  by  the  respective  grant, 
gift,  devise,  or  bequest. 

8.  The  Regents  of  the  University  may  invest  any  of  the  permanent 
funds  of  the  University,  which  are  now  or  hereafter  may  be  in  their 
custody,  in  productive,  unincumbered  real  estate  in  this  State,  subject 
to  the  power  of  the  Legislature  to  control  or  change  such  investments, 
excepting  such  as  by  the  terms  of  their  acquisition,  must  be  otherwise 
invested. 

9.  If  by  the  terms  of  any  grant,  gift,  devise,  or  bequest,  such  as 
are  described  in  the  preceding  sixth  and  seventh  subdivisions,  con- 
ditions are  imposed  which  are  impracticable  under  the  provisions  of 
the  Civil  Code,  such  grant,  gift,  devise,  or  bequest,  shall  not  thereby 
fail,  but  such  conditions  shall  be  rejected,  and  the  intent  of  the  donor 
carried  out  as  near  as  may  be. 

Subdivision  6.     See  Chap.  X,  p.  103.     Also  note,  p.  67. 


REGENTS1  MANUAL.  43 

Subdivision  7.  All  University  property  held  by  the  Regents  for  the 
University  is  exempt  from  taxation  whether  taken  by  "grant,  gift, 
devise,  or  bequest"  or  otherwise. 

Hollister  vs.  Sherman,  63  Cal.  38. 

Subdivision  8.   Mortgages  held  by  Regents  are  exempt  from  taxation. 

Id. 

And  should  be  deducted  from  the  value  of  the  property,  on  which 
the  lien  exists,  to  determine  its  taxable  value. 

People  vs.  Supervisors  of  S.  F.,  77  Cal.  136. 

Subdivision  9.  The  Legislature  does  not  here  use  the  word  imprac- 
ticable as  a  synonym  for  impossible  and  when  H.  D.  Cogswell  gave 
property  to  the  University  for  the  establishment  and  maintenance  of 
a  dental  college  and  it  afterwards  appeared  that  the  college  was  not 
sufficiently  endowed  in  the  first  place,  and  that  it  had  become  abso- 
lutely impossible,  for  want  of  funds,  to  maintain  and  support  it,  then 
the  object  of  the  trust  has  failed  in  the  sense  that  it  has  become 
impossible  to  carry  it  out;  and  under  sections  871  and  2279  C.C.  the 
trust  and  estate  of  the  trustee  ceases,  and  under  Section  1109  C.C. 
the  donor  is  entitled  to  #  reconveyance  of  his  gift. 

Cogswell  vs.  Regents.     Superior  Court  S.  F.  No.  15509. 

Reported  in  SECRETARY'S  REPORT,  1886:40. 

A  resolution  of  the  Regents  of  the  University  directing  the  invest- 
ment of  a  fund  bequeathed  to  establish  a  professorship  is  insufficient 
to  show  that  the  fund  is  inadequate  to  carry  out  the  testator's  intent. 

Under  Sec.  1317  C.  C.  which  provides  that,  if  the  intention  of  the 
testator  with  respect  to  a  charitable  gift  cannot  have  effect  to  its  full 
extent,  it  must  have  effect  as  far  as  possible,  a  bequest  to  establish  a 
professorship  is  not  invalid  because  the  amount  is  inadequate  to 
establish  the  professorship. 

Estate  of  Royer,  123  Cal.  615. 

POL.  C.  SEC.  1433.  The  entire  income  arising  from  the  endowment 
is  subject  to  the  trusts  at  the  disposition  of  the  Board  of  Regents  for 
the  support  of  the  University. 

SEC.  21.     For  the  current  expenditures  of  the  Uni-  Budget 
versity,  specific  sums  of  money  shall  be  set  aside  out 
of   the   funds    at   their    disposal,  by  the   Board   of 
Regents,  which   shall  be  liable  to  disbursement  for 
that  purpose,  and  shall  be  subject  to  the  warrants  of  warrants 


44 


UNIVERSITY  OF  CALIFORNIA. 


Transfer  of 
money  from 
State 
Treasury 


Meetings 


Seven  a 
Quorum 


No  com-  * 
pensation 


the  President  of  the  Board  drawn  upon  the  Treasurer 
of  the  University,  in  pursuance  of  the  orders  of  the 
Board  of  Regents.  All  moneys  received  from  labor 
and  incidental  sources  shall  be  paid  into  the  treasury 
and  expended  in  the  same  manner  as  other  moneys. 
All  moneys  which  may  at  any  time  be  in  the  State 
Treasury,  and  subject  to  the  use  of  said  Board  of 
Regents,  may  be  drawn  therefrom  by  the  President 
of  the  Board,  upon  the  order  of  said  Board,  in  favor 
of  the  Treasurer  of  the  University. 

PoL.C.  SEC.  1434.  For  the  current  expenditures  of  the  University, 
specific  sums  of  money  must  be  set  aside,  out  of  the  funds  at  their 
disposal,  by  the  Board  of  Regents,  which  are  subject  to  the  warrants 
of  the  President  of  the  Board,  drawn  upon  the  Treasurer  of  the  Uni- 
versity in  pursuance  of  the  orders  of  the  Board  of  Regents. 
See  the  Act,  p.  79. 

POL.  C.  SEC.  1435.  All  moneys  which  mify  at  any  time  be  in  the 
State  Treasury,  subject  to  the  use  of  the  Board  of  Regents,  may  be 
drawn  therefrom  by  the  President  of  the  Board,  upon  the  order  of  the 
Board  in  favor  of  the  Treasurer  of  the  University. 

See  notes,  page  84. 

SEC.  22.  Meetings  of  the  Board  of  Regents  may 
be  called  in  such  manner  as  the  Regents  shall 
determine,  seven  of  whom  shall  constitute  a  quorum 
for  the  transaction  of  business;  but  a  less  number 
may  adjourn  from  time  to  time.  No  member  of  the 
Board  shall  receive  any  compensation  for  his  services 
as  such  member,  nor  be  entitled  to  reimbursement 
for  his  traveling  or  other  expenses  while  employed 
on  the  business  of  the  Board. 

SEC.  1430.     Seven  members  constitute  a  quorum  of  the 


POL.  C. 
Board. 

POL.  C.  SEC.  1431. 


First  steps  in 
organization 


The  members  receive  no  compensation. 

SEC.  23.     The  Regents  shall,  when  they  shall  be 
in  possession  of  funds  for  that  purpose,  organize  and 


REGENTS1  MANUAL.  45 

put  into  operation  the  first  years  course  of  instruc- 
tion in  as  many  of  the  said  colleges  as  possible.  If 
the  buildings  of  the  University  are  not  sufficiently 
completed  at  that  time  to  be  occupied  for  that  pur- 
pose, the  Regents  are  authorized  to  make  temporary 
arrangements  for  sufficient  buildings,  the  use  of 
apparatus,  and  for  other  needful  purposes,  in  the 
City  of  Oakland,  if  the  same  shall  be  practicable. 

POL.  C.  SEC.  1439.  Until  the  University  buildings  are  ready  for 
use,  the  Regents  may  make  temporary  arrangements  for  buildings  at 
Oakland. 

SEC.  24.  The  Collections  by  the  State  Geological  collections  by 
Survey  shall  belong  to  the  University;  and  the  s^"*1'0"1 
Regents  shall,  in  their  plans,  have  in  view  the  early 
and  secure  arrangement  of  the  same  for  the  use  of 
the  students  of  the  University,  and  of  giving  access 
to  the  same  to  the  public  at  large,  and  to  visitors 
from  abroad;  and  shall  in  every  respect,  by  acts  of 
courtesy  and  accommodation,  encourage  the  visits  of 
persons  of  scientific  tastes  and  acquirements  from 
other  portions  of  the  United  States  and  of  other 
countries,  to  California.  The  said  collections  shall  be 
arranged  by  the  resident  professors  of  the  University 
in  a  separate  building,  which  shall  be  denominated  the 
"Museum  of  the  University."  To  this  museum  shall  Museum 
also  be  added,  as  fast  as  the  means  of  the  University 
shall  permit,  collections  of  agricultural  implements, 
and  objects  illustrative  of  the  mechanic  arts,  science, 
architecture  and  the  fine  arts.  The  collection  of  a 
library  shall  be  commenced  at  once,  and  increased  Library 
and  expanded  as  fast  as  the  Board  of  Regents  are 
placed  in  possession  of  funds  for  that  purpose.  But 
the  Board  of  Regents  may  allow  duplicates  to  be 


46  UNIVERSITY  OF  CALIFORNIA. 

taken  from  said  collections  of  the  State  Geological 
Survey  and  made  a  part  of  some  other  museum 
under  the  care  of  an  incorporated  academy  of  science, 
which  shall  become  responsible  for  the  custody  and 
return  of  the  same. 

See  Chap.  IX  p.  101. 

[Act  of  Aug.  7,  1882.  22  U.  S.  Stat.  at  large  332.  *  *  *  *  And  the 
distribution  of  duplicate  specimens  of  the  National  Museum  and  Fish 
Commission  may  be  made  to  colleges,  academies,  and  other  institu- 
tions of  learning  upon  the  payment  by  the  recipients  of  the  cost  of 
preparation  for  transportation  and  the  transportation  thereof.] 

Buildings:  SEC.  25.     The  Regents  shall  devise,  and  cause  to 

^e  constructed,  such  buildings  as  shall  be  needed  for 
the  use  of  the  University  of  California.  Such  a  plan 
shall  be  adopted  that  separate  buildings  may  be  con- 
structed and  set  aside  for  separate  uses,  yet  such 
buildings  shall  be  grouped  upon  a  general  plan  so 
that  such  buildings  may  harmonize  therewith,  and  be 
a  part  of  one  design.  The  construction  and  equip- 
How  building  ment  of  the  buildings  shall  in  every  instance  be  let 
mT'beTet  upon  specifications  and  advertisement  of  not  less  than 
ten  days  in  at  least  two  daily  newspapers  of  the  City 
and  County  of  San  Francisco,  to  the  lowest  responsi- 
ble bidder  upon  sealed  proposals.  The  Regents  may 
require  adequate  security  from  all  bidders,  and  shall 
have  power  to  reject  any  and  all  bids  and  advertise 
improvement  anew.  They  shall  take  measures  for  the  immediate 
and  permanent  improvement  of  the  grounds  of  the 
University,  and  may  make  such  contracts  therefor,  or 
for  any  part  thereof,  as  they  may  deem  advisable. 
General  Acts  The  provisions  of  all  Acts  for  the  erection  of  State 
buildings,  or  the  improvement  of  the  State  grounds, 
in  conflict  with  this  Act,  shall  not  apply  to  the  grounds 
and  buildings  of  the  University  of  California. 


REGENTS'  MANUAL.  47 

See.  25  was  amended  March  28,  1872  (Stats.  1871-2:655)  and 
again  March  3,  1897  (Stats.  1897:  57).  It  originally  contained  a  pro- 
hibition of  the  adoption  of  the  dormitory  system. 

POL.  C.  SEC.  1436.  The  Regents  must  cause  to  be  constructed 
such  buildings  as  are  needed  for  the  use  of  the  University. 

POL.  C.  SEC.  1437.  The  plan  adopted  in  the  construction  of  build- 
ings must  provide  separate  buildings  for  separate  uses,  and  so  group 
all  such  buildings  that  a  central  building  may  bring  the  whole  in  har- 
mony as  part  of  one  design. 

POL.  C.  SEC.  1438.  The  construction  and  furnishing  of  the  build- 
ings must  be  let  out  to  the  lowest  responsible  bidder,  after  advertise- 
ment for  not  less  than  ten  days,  in  at  least  two  daily  newspapers 
published  in  the  City  of  San  Francisco ;  but  the  Regents  may  reject 
any  bid,  and  advertise  anew. 
See  Chap.  XVII,  p.  126. 

SEC.  26.  An  Act  entitled  "An  Act  to  establish  an  Repeal  of 
Agricultural,  Mining  and  Mechanical  Arts  College,"  "c^n^eTt 
approved  March  thirty-first,  eighteen  hundred  and  with  organic 
sixty-six,  and  all  Acts  or  parts  of  Acts  inconsistent 
with  this  Act,  are  hereby  repealed,  so  far  as  they  con- 
flict with  the  provisions  of  this  Act.  But  the  Board  of 
Directors  of  the  Agricultural,  Mining  and  Mechanical 
Arts  College  of  this  State  are  authorized  and  directed 
to  transfer  and  convey  all  its  property,  real  and 
personal,  all  its  effects,  rights  and  interests  of 
property,  to  the  Regents  of  the  University  of  Califor- 
nia ;  and  said  Regents  may  accept  and  take  possession 
of  said  property,  and  may,  if  they  approve  the  same, 
ratify  and  confirm  any  contracts,  executed  or  unex- 
ecuted, made  by  said  Directors ;  and  for  the  purpose 
of  carrying  out  the  purposes  of  this  section  said 
Directors  are  continued  in  office  until  the  powers 
herein  conferred  shall  be  fully  executed. 

SEC.  27.     This  Act  shall  take  effect  immediately  Act  to  take 
from  and  after  its  passage.  effect  at 

passage 
REGENTS'  MANUAL— 4 


48  UNIVERSITY  OF  CALIFORNIA. 

CHAPTER     II. 
AGRICULTURAL     EXPERIMENT     STATIONS. 

An  Act  to  establish  Agricultural  Experiment  Stations  in  con- 
nection with  the  Colleges  established  in  the  several  States 
under  the  provisions  of  an  Act  approved  July  second, 
eighteen  hundred  and  sixty-two,  and  of  the  Acts  supplement- 
ary thereto. 

[Approved  March  2,  1887.  24  U.  S.  Stats,  at  Large  440,  3  U.  S. 
Compiled  Stat.  3218.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States   of  America   in    Congress   assembled, 
That  in  order  to  aid  in  acquiring  and  diffusing  among  the 
people  of  the  United  States  useful  and  practical  informa- 
tion on  subjects  connected  with    agriculture,  and  to  pro- 
Purpose  to       mote    scientific   investigation    and    experiment   respecting 
promote  the  principles   and    applications    of    agricultural    science, 

of  Principles      there  shall  be  established,  under  direction  of  the  college  or 
of  Agricultural    colleges   or   agricultural   department   of   colleges    in   each 

Science 

State  or  Territory  established,  or  which  may  hereafter  be 
established,  in  accordance  with  the  provisions  of  an  Act 
approved  July  second,  eighteen  hundred  and  sixty-two, 
entitled  "An  Act  donating  public  lands  to  the  several  States 
and  Territories  which  may  provide  colleges  for  the  benefit 
of  agriculture  and  the  mechanic  arts,"  or  any  of  the  supple- 
ments to  said  Act,  a  department  to  be  known  and  desig- 
nated as  an  "Agricultural  Experiment  Station;"  provided, 
that  in  any  State  or  Territory  in  which  two  such  colleges 
by  establish-  have  been  or  may  be  so  established  the  appropriation 
memof  hereinafter  made  to  such  State  or  Territory  shall  be 

Agricultural  .     . 

Experiment       equally  divided  between  such  colleges,  unless  the  Legisla- 
stations  ture  oj;  g^k  state  or  Territory  shall  otherwise  direct. 


REGENTS'  MANUAL.  49 

SEC.  2.     That  it  shall  be  the  object  and  duty  of  said  w  conduct 
experiment  stations  to  conduct  original  researches  or  verify  original 
experiments  on  the  physiology  of  plants  and  animals;   the   Physloiogyof 
diseases  to  which  they  are  severally  subject,  with  the  reme-   Plants  and 
dies   for   the    same;    the   chemical    composition   of   useful  o^'eT^e's" 
plants  at  their  different  stages  of  growth;  the  comparative  tigations 
advantages  of  rotative  cropping  as  pursued  under  a  varying  Agricultural 
series  of  crops;   the  capacity  of  new  plants  or  trees  for  industry 
acclimation;   the  analysis  of   soils    and  water;   the   chem- 
ical composition   of   manures,  natural   or   artificial,   with 
experiments  designed  to  test  their  comparative  effects  on 
crops   of    different  kinds;     the   adaptation    and   value   of 
-grasses  and  forage  plants;   the  composition  and  digestibil- 
ity of  the  different  kinds  of  food  for  domestic  animals;   the 
scientific  and  economic  questions  involved  in  the  produc- 
tion of  butter  and  cheese;   and  such  other  researches  or 
experiments  bearing  directly  on  the  agricultural  industry  of 
the  United  States  as  may  in  each  case  be  deemed  advisable, 
having  due  regard  to  the  varying  conditions  and  needs  of 
the  respective  States  or  Territories. 

SEC.  3.  That  in  order  to  secure,  as  far  as  practicable, 
uniformity  of  methods  and  results  in  the  work  of  said 
stations,  it  shall  be  the  duty  of  the  United  States  Commis- 
sioner of  Agriculture  to  furnish  forms,  as  far  as  practic- 
able, for  the  tabulation  of  results  of  investigation  or  Results  to  be 
experiments;  to  indicate,  from  time  to  time,  such  lines  of  tabulated 
inquiry  as  to  him  shall  seem  most  important;  and,  in 
general,  to  furnish  such  advice  and  assistance  as  will  best 
promote  the  purposes  of  this  Act.  It  shall  be  the  duty  of 
each  of  said  stations,  annually,  on  or  before  the  first  day 
of  February,  to  make  the  Governor  of  the  State  or  Terri- 
tory in  which  it  is  located,  a  full  and  detailed  report  of  its 
operations,  including  a  statement  of  receipts  and  expendi- 
tures, a  copy  of  which  report  shall  be  sent  to  each  of  said 
stations,  to  the  said  Commissioner  of  Agriculture,  and  to 
the  Secretary  of  the  Treasury  of  the  United  States. 


50  UNIVERSITY  OF  CALIFORNIA. 

Bulletins  SEC.  4.     That  bulletins  or  reports  of  progress  shall  be 

published  at  said  stations  at  least  once  in  three  months,  one 
copy  of  which  shall  be  sent  to  each  newspaper  in  the  States  or 
Territories  in  which  they  are  respectively  located,  and  to  such 
individuals  actually  engaged  in  farming  as  may  request  the 
same,  and  as  far  as  the  means  of  the  station  will  permit. 
Such  bulletins  or  reports  and  the  annual  reports  of  said  sta- 
tions shall  be  transmitted  in  the  mails  of  the  United  States 
free  of  charge  for  postage,  under  such  regulations  as  the 
Postmaster- General  may  from  time  to  time  prescribe. 

SEC.  5.  That  for  the  purpose  of  paying  the  necessary 
expenses  of  conducting  investigations  and  experiments  and 
printing  and  distributing  the  results  as  hereinbefore  pre- 
scribed, the  sum  of  fifteen  thousand  dollars  per  annum  is 
Appropriations  hereby  appropriated  to  each  State,  to  be  specially  provided 
for  by  Congress  in  the  appropriations  from  year  to  year, 
and  to  each  Territory  entitled  under  the  provisions  of 
section  eight  of  this  Act,  out  of  any  money  in  the  Treas- 
ury proceeding  from  the  sales  of  public  lands,  to  be  paid 
in  equal  quarterly  payments,  on  the  first  day  of  January, 
April,  July,  and  October,  in  each  year,  to  the  Treasurer  or 
other  officer  duly  appointed  by  the  governing  boards  of  said 
colleges  to  receive  the  same,  the  first  payment  to  be  made 
on  the  first  day  of  October,  eighteen  hundred  and  eighty- 
seven;  provided,  hoivever,  that  out  of  the  first  annual 
appropriation  so  received  by  any  station  an  amount  not 
exceeding  one-fifth  may  be  expended  in  the  erection, 
enlargement,  or  repair  of  a  building  or  buildings  necessary 
for  carrying  on  the  work  of  such  station ;  and  thereafter  an 
amount  not  exceeding  five  per  centum  of  such  annual  appro- 
priation may  be  so  expended. 

SEC.  6.  That  whenever  it  shall  appear  to  the  Secretary 
of  the  Treasury  from  the  annual  statement  of  receipts  and 
expenditures  of  any  of  said  stations  that  a  portion  of  the 
preceding  annual  appropriation  remains  unexpended,  such 


REGENTS'  MANUAL.  51 

amount  shall  be  deducted  from  the  next  succeeding  annual 
appropriation  to  such  station,  in  order  that  the  amount  of 
money  appropriated  to  any  station  shall  not  exceed  the 
amount  actually  and  necessarily  required  for  its  mainten- 
ance and  support. 

SEC.  7.  That  nothing  in  this  Act  shall  be  construed  to 
impair  or  modify  the  legal  relation  existing  between  any  of 
the  said  colleges  and  the  government  of  the  States  or 
Territories  in  which  they  are  respectively  located . 

SEC.  8.  That  in  States  having  colleges  entitled  under 
this  section  to  the  benefits  of  this  Act,  and  having  also 
agricultural  experiment  stations  established  by  law,  sepa-  Existing 
rate  from  said  colleges,  such  States  »shall  be  authorized  to  Stations 
apply  such  benefits  to  experiments  at  stations  so  established 
by  such  States;  and  in  case  any  State  shall  have  established 
under  the  provisions  of  said  Act  of  July  second  aforesaid, 
an  agricultural  department  or  experiment  station,  in  con- 
nection with  any  university,  college,  or  institution  not 
distinctively  an  agricultural  college  or  school,  and  such 
State  shall  have  established  or  shall  hereafter  establish  a 
separate  agricultural  college  or  school,  which  shall  have 
connected  therewith  an  experimental  farm  or  station,  the 
Legislature  of  such  State  may  apply  in  whole  or  in  part  the 
appropriation  by  this  Act  made,  to  such  separate  agricul- 
tural college  or  school,  and  no  Legislature  shall  by  con- 
tract, express  or  implied,  disable  itself  from  so  doing. 

SEC.  9.     That  the  grants  of  moneys  authorized  by  this 
Act  are  made  subject  to  the  legislative  assent  of  the  several  Legislative 
States  and  Territories  to  the  purposes  of  said  grants;  pro-  assent 

necessary 

vided,  that  payment  of  such  instalments  of  the  appropria- 
tion herein  made  as  shall  become  due  to  any  State  before  the 
adjournment  of  the  regular  session  of  its  Legislature  meet- 
ing next  after  the  passage  of  this  Act  shall  be  made  upon 
the  assent  of  the  Governor  thereof  duly  certified  to  the 
Secretary  of  the  Treasury. 


52 


UNIVERSITY  Of  CALIFORNIA. 


No  contractual 

obligation 

created 


Governor  may 
assent  to 
Hatch  Act 


SEC.  10.  Nothing  in  this  act  shall  be  held  or  construed 
as  binding  the  United  States  to  continue  any  payments 
from  the  Treasury  to  any  or  all  the  States  or  institutions 
mentioned  in  this  Act,  but  Congress  may  ftt  any  time 
amend,  suspend,  or  repeal  any  or  all  the  provisions  of  this 
Act. 

This  Act  is  commonly  known  as  the  Hatch  Act. 

The  legislative  assent  of  California  to  this  Act  was  given:  see 
p.  54. 

An  Act  to  amend  an  Act  entitled  "An  Act  to  establish  Agricul- 
tural Stations  in  connection  with  the  Colleges  established  in 
the  several  States  under  the  provisions  of  an  Act  approved 
July  second,  eighteen,  hundred  and  sixty-two,  and  of  the  Acts 
supplementary  thereto . ' ' 

[June  7,  1888.     25  U.  S.  Stats,  at  Large  176.] 

Be  it  enacted,  etc.,  That  the  grant  of  money  authorized 
by  the  act  of  Congress  entitled  "  An  Act  to  establish  agricul- 
tural experiment  stations  in  connection  with  the  colleges 
established  in  the  several  States  under  the  provisions  of  an  act 
approved  July  second,  eighteen  hundred  and  sixty-two,  and 
of  acts  supplementary  thereto,"  are  subject  as  therein  pro- 
vided to  the  Legislative  assent  of  the  States  or  Territories 
to  be  effected  thereby;  but  as  to  such  installments  of  the 
appropriations  as  may  be  now  due  or  may  hereafter  become 
due,  when  the  Legislature  may  not  be  in  session,  the  Gov- 
ernor of  said  State  or  Territory  may  make  the  assent 
therein  provided,  and  upon  a  duly  certified  copy  thereof 
to  the  Secretary  of  the  Treasury  he  shall  cause  the  same  to 
be  paid  in  the  manner  provided  in  the  act  of  which  this  is 
amendatory,  until  the  termination  of  the  next  regular  ses- 
sion of  the  Legislature  of  such  State  or  Territory. 

[Act  of  March  2,  1889.    25  U.  S.  Stats,  at  Large  840.] 

:  That  as  far  as  practicable  all  such  stations  shall 
devote  a  portion  of  their  work  to   the  examination  and 


REGENTS1  MANUAL.  53 

classification  of  the  soils  of   their   respective  States  and 
Territories  with  a  view  to  securing  more  extended  knowl-  examined 
edge  and  better  development  of  their  agricultural  capabil- 
ities . 

[Act  of  July  5,  1892.    27  U.  S.  Stats,  at  Large  80.] 

*  *    *    And    the   Secretary   of  Agriculture    is   hereby 
authorized  to  furnish  to  such  institutions  or  individuals  as 

may  care  to  buy  it  copies  of  the  card  index  of  agricultural  Card  index 
literature  prepared  by  the  Office  of  Experiment  Station  [s]  , 
and  charge  for  the  same  a  price  covering  the  additional 
expense  involved  in  the  preparation  of  these  copies,  and  he 
is  hereby  authorized  to  apply  the  moneys  received  toward 
the  expense  of  the  preparation  of  the  index. 

[Act  of  Aug.  8,  1894.    28  U.  S.  Stats,  at  Large  271.] 

Agricultural   Experiment   Stations:  *   *    And   the 

Secretary  of  Agriculture  shall  prescribe  the  form  of  the 
annual  financial  statement  required  by  section  three  of  the   Form  of 
said  Act  of  March  second,  eighteen  hundred  and  eighty-  financial 

J       statement 

seven . 

[Act  of  March  2,  1901.    31  U.  S.  Stats,  at  Large  929.] 

*  *  *  And   the   Agricultural    Experiment  Stations  are 
hereby  authorized  and  directed  to  co-operate  with  the  Sec- 
retary  of    Agriculture    in   establishing   and    maintaining 
experimental    grass    stations,    for    determining    the    best  Grass  stations 
methods  of  caring  for  and  improving  meadows  and  graz- 
ing lands,  the  use  of  different  grasses  and  forage  plants, 

and  their  adaptability  to  various  soils  and  climates,  the 
best  native  and  foreign  species  for  reclaiming  overstocked 
ranges  and  pastures,  for  renovating  worn-out  lands,  for 
binding  drifting  sands  and  washed  lands,  and  for  turfing 
lawns  and  pleasure  grounds,  and  for  solving  the  various 
forage  problems  presented  in  the  several  sections  of  our 
country. 


54  UNIVERSITY  OF  CALIFORNIA. 


[Act  of  March  2,  1901.    31  U.  S.  Stats,  at  Large  935.] 

Duties  of  Agricultural  Experiment  Stations:     To  carry  into  effect 

Secretary  of  fae  provisions  of  an  Act  approved  March  second,  eighteen 
hundred  and  eighty-seven,  entitled,  "An  Act  to  establish 
Agricultural  Experiment  Stations  in  connection  with  the 
colleges  established  in  the  several  States  under  the  provis- 
ions of  an  Act  approved  July  second,  eighteen  hundred 
and  sixty-two,  and  of  the  Acts  supplementary  thereto,"  and 
to  enforce  the  execution  thereof,*  *  and  the  Secretary  of 
Agriculture  *  *  shall  ascertain  whether  the  expendi- 
tures under  the  appropriation  hereby  made  are  in 
accordance  with  the  provisions  of  the  said  Act,  and  shall 
make  report  thereon  to  Congress;  and  the  Secretary  of 
Agriculture  is  hereby  authorized  to  employ  such  assistants, 
clerks,  and  other  persons  as  he  may  deem  necessary,  in  the 
City  of  Washington  and  elsewhere,  and  to  incur  such 
other  expenses  for  office  fixtures  and  supplies,  stationery, 
traveling,  freight,  and  express  charges,  illustration  of 
the  Experiment  Station  Record,  bulletins  and  reports,  as 
Appropriations  he  may  find  essential  in  carrying  out  the  objects  of  the 
above  Acts,  and  the  sums  apportioned  to  the  several  States 

quarterly 

shall  be  paid  quarterly  in  advance. 


Senate  Concurrent  Resolution  No.  14,  relating  to  the  assent  of  the 
State  of  California  to  grants,  purposes,  and  conditions  of  the  Act 
of  Congress  entitled  "An  Act  to  establish  Agricultural  Experi- 
ment Stations  in  connection  with  the  colleges  established  in  the 
several  States  under  the  provisions  of  an  Act  approved  July  2, 
1862,  and  of  the  Acts  supplementary  thereto,"  approved 
March  2,  1887. 

[Adopted  March  12,  1889.     Stats.  1889:641.] 

WHEREAS,  By  Section  nine  (9)  of  said  Act  it  is  provided: 

That  the  grants  of  money  authorized  by  this  Act  are 

made  subject  to  the  legislative  assent  of  the  several  States 


REGENTS'  MANUAL.  55 

and  Territories  to  the  purposes  of  said  grants;  therefore 
be  it 

Resolved  by  the  Senate,  the  Assembly  concurring,  That 
the  State  of  California  does  hereby  assent  to  the  grants 
named  in  said  Act,  approved  March  second,  eighteen 
hundred  and  eighty-seven,  and  to  the  conditions  thereof 
for  and  on  behalf  of  the  State  of  California  and  the  Board 
of  Regents  of  the  University  of  the  State  of  California. 
And  be  it  further 

Resolved  by  the  Senate,  the  Assembly  concurring,  That 
the  State  of  California  does  hereby  specifically  designate 
"The  Board  of  Regents  of  the  University  of  the  State  of 
California,"  a  corporation  organized  and  existing  under  the 
laws  of  California,  and  controlling  the  University  of  Califor- 
nia, the  only  institution  in  this  State  established  in  accord- 
ance with  the  provisions  of  an  Act  approved  July  second, 
eighteen  hundred  and  sixty- two,  entitled  "An  Act  donating 
public  lands  to  the  several  States  and  Territories  which 
may  provide  colleges  for  the  benefit  of  agriculture  and  the 
mechanic  arts,"  as  the  institution  to  which  this  grant  is  by 
law  assigned,  for  the  benefit  of  Agricultural  Experiment 
Stations  connected  with  the  said  University.  Be  it  further 

Resolved,  That  his  Excellency  the  Governor  of  California 
be  and  he  is  hereby  requested  to  transmit  to  the  Secretary 
of  the  Treasury  of  the  United  States  a  copy  of  these  resolu- 
tions, duly  certified  by  the  Secretary  of  State. 


56 


UNIVERSITY  OF  CALIFORNIA. 


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66 


UNIVERSITY  OF  CALIFORNIA. 


CHAPTER  IV. 

CONSTITUTIONAL    PROVISIONS. 
Constitution  of  California,  Article  IX,  Section  7. 

[Amendment  Adopted  Nov.  6,  1894.] 

State  Board         SEC.  7.     The  Governor,   the  Superintendent  of  Public 

of  Education   Instruction,  the  President  of  the  University  of  California, 

and  the  Professor  of  Pedagogy  therein,  and  the  Principals 

of  the  State    Normal    Schools,    shall  constitute  the  State 

Board  of  Education.        *         *         *  *         *         * 


University  a 
Public  Trust 


Organic  Act 
revived 


Endowment 
by  Act  of 
1862 
inviolable 


Constitution  of  California,  Article  IX,  Section  9. 

[Ratified  May  7,  1879.] 

SECTION  9.  The  University  of  California  shall  con- 
stitute a  public  trust,  and  its  organization  and  government 
shall  be  perpetually  continued  in  the  form  and  character 
prescribed  by  the  organic  Act  creating  the  same,  passed 
March  twenty- third,  eighteen  hundred  and  sixty-eight  (and 
the  several  Acts  amendatory  thereof) ,  subject  only  to  such 
legislative  control  as  may  be  necessary  to  insure  compliance 
with  the  terms  of  its  endowments,  and  the  proper  invest- 
ment and  security  of  its  funds.  It  shall  be  entirely  inde- 
pendent of  all  political  or  sectarian  influence,  and  kept  free 
therefrom  in  the  appointment  of  its  regents  and  in  the 
administration  of  its  affairs;  provided,  that  all  the  moneys 
derived  from  the  sale  of  public  lands  donated  to  this  State 
by  Act  of  Congress,  approved  July  second,  eighteen  hun- 
dred and  sixty-two  (and  the  several  Acts  amendatory 
thereof),  shall  be  invested  as  provided  by  said  Acts  of  Con- 
gress, and  the  interest  of  said  moneys  shall  be  inviolably 
appropriated  to  the  endowment,  support,  and  maintenance 


REGENTS1  MANUAL.  67 

of  at  least  one  College  of  Agriculture,  where  the  leading 
objects  shall  be  (without  excluding  other  scientific  and 
classical  studies,  and  including  military  tactics)  to  teach 
such  branches  of  learning  as  are  related  to  scientific  and 
practical  agriculture  and  the  mechanic  arts,  in  accordance 
with  the  requirements  and  conditions  of  said  Acts  of  Con- 
gress; and  the  Legislature  shall  provide  that  if,  through 
neglect,  misappropriation,  or  anj-  other  contingency,  any 
portion  of  the  funds  so  set  apart  shall  be  diminished  or 
lost,  the  State  shall  replace  such  portion  so  lost  or  misap- 
propriated, so  that  the  principal  thereof  shall  remain  for- 
ever undiminished.  No  person  shall  be  debarred  admission 
to  any  of  the  collegiate  departments  of  the  University  on  coeducation 
account  of  sex. 

This  section  of  the  Constitution  has  the  effect  of  keeping  un- 
changeable the  terms  of  affiliation  of  those  Colleges  so  joined  with 
the  University  prior  to  its  enactment,  and  the  form  of  their  govern- 
ment cannot  be  changed. 

People  vs.  Kewen,   69  Cal.  215,  and  see  Regents  vs.  January, 
66  Cal.  507. 

It  makes  ineffective  the  attempt  by  section  343,  Political  Code,  to 
designate  the  Regents  Civil  Executive  Officers.  The  Regents  are  not 
public  officers. 

Lundy  vs.  Delmas,  104  Cal.  655. 

The  University  as  created  by  this  section  of  the  Constitution  and 
the  legislation  under  it  is  a  public  corporation  and  an  entity  capable 
of  taking  by  bequest.  The  fact  that  the  Organic  Act  in  terms  provides 
that  grants  and  gifts  may  be  made  to  the  Regents  and  to  the  State, 
and  does  not  provide  in  terms  that  grants  and  gifts  may  be  made  to 
the  University,  does  not  indicate  that  it  was  intended  that  the  Uni- 
versity was  to  be  incapable  of  taking  by  gift,  grant  or  bequest. 

Estate  of  Royer,  123  Cal.  615. 


68 


UNIVERSITY  OF  CALIFORNIA. 


Chinese  not 
to  be 
employed 


Constitution  of  California,  Article  XIX,  Sections  2  and  3. 

[Ratified  May  7,  1879.] 

SECTION  2.  No  corporation  now  existing  or  hereafter 
formed  under  the  laws  of  this  State  shall,  after  the  adop- 
tion of  this  Constitution  employ,  directly  or  indirectly,  in 
any  capacity,  any  Chinese  or  Mongolian.  The  Legislature 
shall  pass  such  laws  as  may  be  necessary  to  enforce  this 
provision. 

Sections  178  and  179,  Penal  Code,  were  enacted  in  accordance  with 
the  direction  herein  contained.  The  section  however,  has  been  held 
to  be  in  conflict  with  the  treaty  between  the  United  States  and  China 
and  void. 

In  re  Parrott,  1  Fed.  Rep.  481. 

SEC.  3.  No  Chinese  shall  be  employed  on  any  State, 
county,  municipal,  or  other  public  works,  except  in  punish- 
ment for  crime. 


CHAPTER   V. 
FARMERS'    INSTITUTES. 

An  Act  authorizing  the  Regents  of  the  State  University  to  hold 
Farmers'  Institutes,  making  an  appropriation  therefor,  and 
prescribing  the  duties  of  the  Controller  and  Treasurer  in 
relation  thereto. 

[Approved  March  18,  1903.      Stats.  1903:205.] 

Farmers'  SECTION  1.     The  Board  of  Regents  of  the  University  of 

institutes  to    California  is  hereby  authorized  to  hold  institutes  for  the 

Regents         instruction  of  citizens  of  this  State  in  the  various  branches 

of  agriculture.     Such  institutes  shall  be  held  at  such  times, 

and  at  such  places,  asssaid  board  may  direct.     The  said 

board  shall  make  such  rules  and  regulations  as  it  may 

deem  proper  for  organizing  and  conducting  such  institutes, 


REGENTS'  MANUAL.  69 

and  may  employ  an  agent  or  agents  to  perform  such  work 
in  connection  therewith  as  they  deem  best.  The  course  of 
instruction  at  such  institutes  shall  be  so  arranged  as  to 
present  to  those  in  attendance  the  results  of  the  most 
recent  investigations  in  theoretical  and  practical  agricul- 
ture. 

SEC.  2.  The  sum  of  twelve  thousand  dollars  is  hereby  Appropriation 
appropriated  out  of  any  money  in  the  State  Treasury  not 
otherwise  appropriated,  for  the  use  of  the  Regents  of  the 
University  of  California  in  discharging  its  duties,  as  pre- 
scribed in  section  one,  during  the  two  fiscal  years  following 
the  passage  of  this  Act.  One- half  of  said  sum,  viz.-  six 
thousand  dollars,  shall  be  paid  on  the  first  day  of  July, 
nineteen  hundred  and  three,  and  the  remaining  one-half 
(six  thousand  dollars)  shall  be  paid  on  the  first  day  of 
July,  nineteen  hundred  and  four. 

SEC.  3.  The  Controller  is  authorized  and  directed  to 
draw  his  warrants  for  the  above  sums,  payable  to  the  order 
of  the  Treasurer  of  the  University  of  California,  and  the 
Treasurer  of  the  State  is  directed  to  pay  the  same. 

SEC.  4.  This  act  shall  be  in  effect  from  and  after  its 
passage. 


CHAPTER  VI. 
FERTILIZERS. 

An  Act  to  regulate  the  sale  of  Commercial  Fertilizers  or  Materi- 
als used  for  Manurial  purposes,  and  to  provide  penalties 
for  the  infraction  thereof,  and  means  for  the  enforcement  of 
the  Act. 

[Approved  March  20,  1903.     Stats.  1903:259.] 

SECTION  1.     Every  lot,  parcel,  or  package  of  commer-   Fertilizers  to 
cial  fertilizers  or  materials  to  be  used  for  manurial  pur-  be'abeled 
poses    (excepting  the    dung   of    domestic  animals),    sold, 


70  UNIVERSITY  OF  CALIFORNIA. 

offered,  or  exposed  for  sale,  within  this  State,  shall  be 
accompanied  by  a  plainly  printed  label,  stating  the  name, 
brand,  and  trade-mark,  if  any  there  be,  under  which  the 
fertilizer  is  sold,  the  name  and  address  of  the  manufac- 
turer, importer,  or  dealer,  the  place  of  manufacture,  and  a 
chemical  analysis,  stating  the  percentages  claimed  to  be 
And  show  therein;  of  nitrogen,  specifying  the  form  or  forms  in  which 
it  is  present;  of  phosphoric  acid,  available  and  insoluble; 
and  of  potash,  soluble  in  distilled  water,  and  the  materials 
from  which  all  of  said  constituents  are  derived.  All  analy- 
ses are  to  be  made  according  to  the  methods  agreed  upon 
by  the  American  Association  of  Official  Agricultural  Chem- 
ists. In  the  case  of  those  fertilizers,  the  selling  price  of 
which  is  less  than  eight  dollars  ($8)  per  ton,  said  label 
need  only  give  a  correct  general  statement  of  the  nature 
and  composition  of  the  fertilizer  it  accompanies. 

Certain  kinds  SEC.  2.  No  person  shall  sell,  offer,  or  expose  for  sale 
ex  Hem"16'  *n  ^is  State,  any  pulverized  leather,  hair,  ground  hoofs, 
horns,  or  wool  waste,  raw,  steamed,  roasted,  or  in  any 
form  as  a  fertilizer,  or  as  an  ingredient  of  a  fertilizer  or 
manure,  without  an  explicit  statement  of  the  fact;  said 
statement  to  be  conspicuously  affixed  to  every  package  of 
such  fertilizer  or  manure,  and  to  accompany  and  go  with 
every  lot,  parcel,  or  package  of  the  same. 

SEC.  3.     The    manufacturer,    importer,    agent    of,    or 
dealer  in  any  commercial  fertilizers,  or  materials  used  for 
manui'ial  purposes,  the  selling  price  of  which  to  the  con- 
sumer   is    eight    ($8)    dollars    or   more   per    ton,     shall, 
Certificates     before  the  same  is  offered  for  sale,  obtain  a  certificate  of 
to  be  registration  from  the  Secretary  of  the  Board  of  Regents 

obtained 

authorizing  of  the  University  of  California,  countersigned  by  the 
sale  when  director  of  the  Agricultural  Experiment  Station  of  the 
per  ton  or  said  University,  authorizing  the  sale  of  fertilizers  in  this 
State,  and  shall  securely  fix  to  each  lot,  parcel,  or  package 
of  fertilizer  the  word  "  registered "  with  the  number  of 


more 


REGENTS'  MANUAL.  71 

registry.     The   manufacturer,   importer,   agent,   or   dealer 

obtaining  such  registry,  shall  pay  to  the  said  Secretary  the 

sum   of  fifty  ($50)  dollars,   to  be  applied  as  provided  in 

section  nine  of  this  Act;   such  registration  shall  expire  on 

the  thirtieth  day  of  June  of   the  fiscal  year  for  which  it 

was  given;  provided,  the  provisions  of   this  section  shall 

not  apply  to  any  agent  whose  principals  shall  have  obtained 

a  certificate  of  registration  as  herein  provided.     Every  such   Registration 

manufacturer,  importer,   agent,  or   dealer,  who  makes  or 

sells,  or  offers  for  sale,  any  such  substances,  under  a  name 

or  brand,  shall  file,  on  or  before  the  first  day  of  July,  in 

each  year  a    statement,   under   oath,   with    said   director, 

stating   such  name  or  brand,  and  stating  the  component 

parts  in  accordance  with  the  provisions  of  section  one  of 

this  Act,  of  the  substances  to  be  sold,  or  offered  for  sale, 

or  manufactured  under  each  such  name  or  brand. 

SEC.  4.  The  said  director  shall  annually,  on  or  before  samples  to 
the  first  day  of  September,  take  samples  in  accordance  beexamined 
with  the  provisions  of  section  five  hereof,  of  the  substance 
made,  sold,  or  offered  for  sale,  under  every  such  name  or 
brand,  and  cause  analyses  to  be  made  thereof  in  accord- 
ance with  the  provisions  of  section  one  hereof,  and  said 
anah'ses  may  include  such  other  determinations  as  said 
director  may  at  any  time  deem  advisable.  Dealers  in,  or 
manufacturers  of  fertilizers,  must  give  free  access  to  the 
director  of  the  Agricultural  Experiment  Station,  or  his 
duly  authorized  deputy,  to  all  the  materials  which  they 
may  place  on  the  market  for  sale  in  California.  Whenever 
the  analysis  certified  by  the  director  shall  show  a  deficiency 
of  not  more  than  one-fourth  of  one  per  cent  of  nitrogen, 
or  one  per  cent,  of  soluble  or  available  phosphoric  acid,  or 
one-half  of  one  per  cent  of  potash  soluble  in  distilled 
water,  the  statement  of  the  manufacturer  or  importer,  as 
required  in  section  one  of  this  Act,  shall  not  be  deemed  to 
be  false  in  the  meaning  of  this  Act;  provided,  that  this 


72  UNIVERSITY  OF  CALIFORNIA. 

Act  shall  not  apply  to  sales  of  fertilizing  materials  made  to 
a  registered  manufacturer  of  fertilizers,  or  to  sales  for 
export  outside  of  this  State;  provided  further,  that  the 
said  director  of  the  Agricultural  Experiment  Station  of  the 
University  of  California  shall,  upon  the  receipt  of  a  sample 
of  fertilizer,  accompanied  with  a  nominal  fee  of  two  ($2) 
dollars,  furnish  to  the  user  of  said  commercial  fertilizer, 
such  examination  or  analysis  of  the  sample  as  will  sub- 
stantially establish  the  conformity  or  non-conformity  of  the 
said  fertilizer  to  the  guarantee  under  which  it  was  sold. 
Selection  of  SEC.  5.  The  director  of  the  Agricultural  Experiment 
Station  of  the  University  of  California,  in  person  or  by 
deputy,  is  hereby  authorized  to  take  a  sample  not  exceed- 
ing two  pounds  in  weight  for  analysis  by  the  said  director, 
or  his  deputies,  from  any  lot,  parcel,  or  package  of  fertil- 
izer, or  material,  or  mixture  of  materials  used  for  manurial 
purposes,  which  may  be  in  the  possession  of  any  manufac- 
turer, importer,  agent,  or  dealer,  but  said  sample  shall  be 
drawn  in  the  presence  of  said  party  or  parties  in  interest, 
or  their  representatives.  In  lots  of  five  tons  or  less,  samples 
shall  be  drawn  from  at  least  ten  packages,  or,  if  less  than  ten 
packages  are  present,  all  shall  be  sampled;  in  lots  of  over 
five  tons,  not  less  than  twenty  packages  shall  be  sampled. 
The  samples  so  drawn  shall  be  thoroughly  mixed,  and 
from  it  two  equal  samples  shall  be  drawn  and  placed  in 
glass  vessels,  carefully  sealed,  and  a  label  placed  on  each, 
stating  the  name  or  brand  of  the  fertilizer  or  material 
sampled,  the  name  of  the  party  from  whose  stock  the 
sample  was  drawn,  and  the  time  and  place  of  drawing; 
and  said  label  shall  also  be  signed  by  the  said  director  or 
his  deputy  making  such  inspection,  and  by  the  party  or 
parties  in  interest,  or  their  representatives  present  at  the 
drawing  and  sealing  of  said  samples.  One  of  said  dupli- 
cate samples  shall  be  retained  by  the  party  whose  stock 
was  sampled,  and  the  other  by  the  director  of  the  Agricul- 
tural Experiment  Station  of  the  University  of  California. 


REGENTS'  MANUAL.  73 

SEC.  6.     The  director   of   the  Agricultural  Experiment   Bulletin. 
Station  of  the  University  of  California   shall  publish  in 
bulletin  form,  from  time  to  time,  at  least  annually,  the 
results  of  the  analyses  hereinbefore  provided,  with  such 
additional  information  as  circumstances  may  advise. 

SEC.  7.  There  is  hereby  appropriated  for  the  use  of  the  Appropriation. 
Agriculture  Experiment  Station  of  the  University  of  Cali- 
fornia at  Berkeley,  Alameda  County,  as  set  forth  in  this  Act, 
out  of  any  moneys  in  the  treasury  not  otherwise  appro- 
priated, the  sum  of  eighteen  hundred  ($1,800)  dollars  for 
the  equipment  of  a  laboratory,  with  the  chemicals  and  ap- 
paratus, and  other  incidentals  necessary  to  the  successful 
prosecution  of  the  work. 

SEC.  8.  In  order  to  further  provide  for  the  necessary 
expenses  of  this  work,  there  shall  be  paid  by  the  manu- 
facturer, importer,  agent,  or  dealer,  twenty-five  cents  for 
every  ton  of  fertilizer  sold,  the  selling  price  of  which  to  the 
consumer  is  eight  ($8)  dollars  or  more  per  ton.  A  state- 
ment sworn  to  by  the  manufacturer,  importer,  agent,  or 
dealer,  of  such  sales,  shall  be  rendered  quarterly  to  the 
secretary  of  the  Board  of  Regents  of  the  University  of 
California,  accompanied  by  the  corresponding  amount  of 
the  special  license  fee  as  above  specified;  provided,  that  License  fee. 
whenever  the  manufacturer  or  importer  shall  have  paid  the 
special  license  fee  herein  required,  for  any  person  acting  as 
agent  or  seller  for  such  manufacturer  or  importer,  such 
agent  or  seller  shall  not  be  required  to  pay  the  special 
license  fee  named  in  this  section.  On  receipt  of  said 
special  license  fee  and  statement,  the  said  seci'etary  shall 
issue  to  the  manufacturer,  importer,  agent,  or  dealer,  a 
certificate  of  compliance  with  this  section. 

SEC.  9.     All   moneys,   whether   received   from  registry 
and  analytical  fees  or  special  license  fees,  shall  be  paid  to 


74  UNIVERSITY  OF  CALIFORNIA. 


Secretary  of    the  secretary  of  the  Board  of  Regents  of  the  University  of 
California,  for  the  use 
provisions  of  this  Act. 


university  to  Qaiifornja   for  the  use  of  said  Board  in  carrying  out  the 

receive  fees. 


SEC.  10.  Any  party  selling,  offering,  or  exposing  for 
sale,  any  commercial  fertilizer  without  the  statement 
required  by  Section  One  of  this  Act,  or  with  a  label  stating 
that  said  fertilizer  contains  a  larger  percentage  of  any  one 
Penal  clause,  or  more  of  the  constituents  mentioned  in  said  section  than 
is  actually  contained  therein,  except  as  provided  for  in  Sec- 
tion Four,  or  respecting  the  sale  of  which  all  the  provisions 
of  this  Act  have  not  been  fully  complied  with,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  before  any  court  of  competent  jurisdiction,  shall  be 
fined  in  a  sum  not  less  than  fifty  ($50)  dollars  and  costs  of 
action  for  the  first  offense,  and  one  hundred  ($100)  dollars 
and  costs  of  the  action  for  each  subsequent  offense.  Said 
fines  to  be  paid  into  the  school  fund  of  the  county  in  which 
conviction  is  had. 

Evidence.  SEC.  11.     In  any  action,  civil  or  criminal,  in  any  court 

in  this  State,  a  certificate  under  the  hand  of  said  director, 
and  the  seal  of  said  University,  stating  the  results  of  any 
analysis,  purporting  to  have  been  made  under  the  provi- 
sions of  this  Act,  shall  be  prima  facie  evidence  of  the  fact 
that  the  sample  or  samples  mentioned  in  said  analysis  or 
certificate  were  properly  analyzed  as  in  this  Act  provided; 
that  such  samples  were  taken  as  in  this  Act  provided;  that 
the  substances  analyzed  contained  the  component  parts 
stated  in  such  certificate  and  analysis;  and  that  the  samples 
were  taken  from  the  parcels  or  packages  or  lots  mentioned 
or  described  in  said  certificate. 

SEC.  12.     This  Act  shall  take  effect  and  be  in  force  from 
and  after  July  first,  nineteen  hundred  and  three. 


REGENTS1  MANUAL.  75 


CHAPTER    VII. 
FINANCE    AND    ENDOWMENT. 

An  Act  donating  public  lands  to  the  several  States  and 
Territories  which  may  provide  colleges  for  the  benefit  of 
agriculture  and  the  mechanic  arts. 

[Act    of    Congress    appproved    July    2,    1862.     12    U.    S.    Stats,    at 

Large  503.] 

Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives of  the  United  States  of  America  in  Congress  assembled, 
That  there  be  granted  to  the  several  States,  for  the 
purposes  hereinafter  mentioned,  an  amount  of  public 
land,  to  be  apportioned  to  each  State  a  quantity  equal  to  states  to 
thirty  thousand  acres  for  each  Senator  and  Representative  receive  30,000 

acres  for  each 

in  Congress  to  which  the  States  are  respectively  entitled  by  Senator  and 
the  apportionment  under  the  census  of  eighteen  hundred  RePresentative- 
and  sixty:  provided,  that  no  mineral  lands  shall  be  selected 
or  purchased  under  the  provisions  of  this  Act. 

SEC.  2.  And  be  it  further  enacted,  That  the  land  afore- 
said, after  being  surveyed,  shall  be  apportioned  to  the 
several  States  in  sections  or  subdivisions  of  sections,  not  Manner  of 
less  than  one  quarter  of  a  section;  and  whenever  there  are  selectlon- 
public  lands  in  a  State  subject  to  sale  at  private  entry  at 
one  dollar  and  twenty-five  cents  per  acre,  the  quantity  to 
which  said  State  shall  be  entitled  shall  be  selected  from 
such  lands  within  the  limits  of  such  State,  and  the  Secre- 
tary of  the  Interior  is  hereby  directed  to  issue  to  each  of  the 
States  in  which  there  is  not  the  quantity  of  public  lands 
subject  to  sale  at  private  entry  at  one  dollar  and  twenty- 
five  cents  per  acre,  to  which  said  State  may  be  entitled 
under  the  provisions  of  this  Act,  land  scrip  to  the  amount 
in  acres  for  the  deficiency  of  its  distributive  share:  said 


76  UNIVERSITY  OF  CALIFORNIA. 

scrip  to  be  sold  by  said  States  and  the  proceeds  thereof 
applied  to  the  uses  and  purposes  prescribed  in  this  Act, 
and  for  no  other  use  or  purpose  whatsoever:  provided,  that 
in  no  case  shall1  any  State  to  which  land  scrip  may  thus  be 
issued  be  allowed  to  locate  the  same  within  the  limits  of 
any  other  State,  or  of  any  Territory  of  the  United  States, 
but  their  assignees  may  thus  locate  said  land  scrip  upon 
any  of  the  unappropriated  lands  of  the  United  States  sub- 
ject to  sale  at  private  entry  at  one  dollar  and  twenty-five 
cents,  or  less,  per  acre:  and  provided,  further,  that  not 
more  than  one  million  acres  shall  be  located  by  such 
assignees  in  any  one  of  the  States:  and  provided,  further, 
that  no  such  location  shall  be  made  before  one  year  from 
the  passage  of  this  Act. 

SEC.  3.  And  be  it  further  enacted,  That  all  the 
Expenses  paid  expenses  of  management,  superintendence,  and  taxes  from 
the  date  of  selection  of  said  lands,  previous  to  their  sales, 
and  all  expenses  incurred  in  the  management  and  dis- 
bursement of  the  moneys  which  may  be  received  therefrom, 
shall  be  paid  by  the  States  to  which  they  may  belong,  out 
of  the  treasury  of  said  States,  so  that  the  entire  proceeds  of 
the  sale  of  said  lands  shall  be  applied  without  any  diminu- 
tion whatever,  to  the  purposes  hereinafter  mentioned. 

SEC.  4.  And  be  it  further  enacted,  That  all  moneys 
derived  from  the  sale  of  lands  aforesaid  by  the  States  to 
which  the  lands  are  apportioned,  and  from  the  sales 
investment  of  of  land  scrip  hereinbefore  provided  for,  shall  be  invested 
in  stocks  of  the  United  States  or  of  the  States,  or  some 
other  safe  stocks;  or  the  same  may  be  invested  by  the 
States  having  no  State  stocks,  in  any  other  manner 
after  the  legislatures  of  such  States  shall  have  assented 
thereto,  and  engaged  that  such  funds  shall  yield  not 
less  than  five  per  centum  upon  the  amount  so  invested, 
and  that  the  principal  thereof  shall  forever  remain  unim- 
paired; provided,  that  the  moneys  so  invested  or  loaned 


REGENTS'  MANUAL.  77 

shall  constitute  a  perpetual  fund,  the  capital  of  which  shall 
remain  forever  undiminished  (except  so  far  as  may  be 
provided  in  section  five  of  this  Act) ,  and  the  interest  of 
which  shall  be  inviolably  appropriated,  by  each  State  which 
may  take  and  claim  the  benefit  of  this  Act,  to  the  endow- 
ment, support,  and  maintenance  of  at  least  one  college  For 
where  the  leading  object  shall  be  without  excluding  other  maintenance 

,.„,,.,...  of  College  of 

scientific    and    classical    studies,    and   including   military  Agriculture 
tactics,  to  teach  such  branches  of  learning  as  are  related  to  and  Mechanic 

Arts 

agriculture  and  the  mechanic  arts,  in  such  manner  as  the 
legislatures  of  the  States  may  respectively  prescribe,  in 
order  to  promote  the  liberal  and  practical  education  of  the 
industrial  classes  in  the  several  pursuits  and  professions 
in  life. 

This  section  was  amended  as  given  March  3,  1883  (22  U.  S.  Stats, 
at  Large  484) ,  so  as  to  give  an  option  of  investment  to  those  States 
having  no  State  stock.  It  formerly  required  that  the  United  States 
or  State  stocks  should  yield  not  less  than  five  per  cent,  on  the  par 
value. 


SEC.  5.  And  be  it  further  enacted,  That  the  grant  of 
land  and  land  scrip  hereby  authorized  shall  be  made  on 
the  following  conditions,  to  which,  as  well  as  to  the  provi- 
sions hereinbefore  contained,  the  previous  assent  of  the 
several  States  shall  be  signified  by  the  legislative  Acts: 

First — If  any  portion  of  the  fund  invested,  as  provided   Fund  to  be 
by  the  foregoing  section,  or  any  portion  of  the  interest   kept 
thereon,  shall,  by  any  action  or  contingency,  be  diminished   jntact. 
or   lost,    it    shall   be   replaced  by  the    State   to  which    it 
belongs,  so  that  the  capital  of  the  fund  shall  remain  forever 
undiminished;   and  the  annual  interest  shall  be  regularly 
applied  without  diminution  to  the  purposes  mentioned  in 
the  fourth  section  of   this  Act,  except   that   a   sum,   not 
exceeding  ten  per  centum  upon  the  amount  received  by  any 
State  under  the  provisions  of  this  Act,  may  be  expended 


78 


UNIVERSITY  OF  CALIFORNIA. 


Not  to  be  used 
for  Buildings. 


Tinie  limit  for 

establishing 

College. 


Reports. 


Lands  raised 
in  price 
through 
railroad  grants. 


Time  limit  for 
acceptance. 


for  the  purchase  of  lands  for  sites  or  experimental  farms, 
whenever  authoriged  by  the  respective  Legislatures  of  said 
States. 

Second — No  portion  of  said  fund,  nor  the  interest 
thereon,  shall  be  applied,  directly  or  indirectly,  under  any 
pretense  whatever,  to  the  purchase,  erection,  preservation, 
or  repair  of  any  building  or  buildings. 

Third — Any  State  which  may  take  and  claim  the  benefit 
of  the  provisions  of  this  Act  shall  provide,  within  five 
3rears,  at  least  not  less  than  one  college,  as  described  in  the 
fourth  section  of  this  Act,  or  the  grant  to  such  State  shall 
cease;  and  said  State  shall  be  bound  to  pay  the  United 
States  the  amount  received  of  any  lands  previously  sold, 
and  that  the  title  to  purchasers  under  the  State  shall  be 
valid. 

Fourth — An  annual  report  shall  be  made  regarding  the 
progress  of  each  college,  recording  any  improvements  and 
experiments  made,  with  their  cost  and  results,  and  such 
other  matters,  including  State  industrial  and  economical 
statistics,  as  maybe  supposed  useful;  one  copy  of  which 
shall  be  transmitted  by  mail,  free,  by  each  to  all  the  other 
colleges  which  may  be  endowed  under  the  provisions  of 
this  Act,  and  also  one  copy  to  the  Secretary  of  the  Interior. 

Fifth — When  lands  shall  be  selected  from  those  which 
have  been  raised  to  double  the  minimum  price,  in  con- 
sequence of  railroad  grants,  they  shall  be  computed  to  the 
State  at  the  maximum  price,  and  the  number  of  acres  pro- 
portionately diminished. 

Sixth — No  State,  while  in  a  condition  of  rebellion  or 
insurrection  against  the  Government  of  the  United  States, 
shall  be  entitled  to  the  benefit  of  this  Act. 

Seventh — No  State  shall  be  entitled  to  the  benefits  of 
this  Act  unless  it  shall  express  its  acceptance  thereof,  by 
its  Legislature,  within  two  years  from  the  date  of  its 
approval  by  the  President. 


REGENTS'  MANUAL.  79 

SEC.  6.  And  be  it  further  enacted,  That  land  scrip 
issued  under  the  provisions  of  this  Act  shall  not  be  subject 
to  location  until  after  the  first  day  of  January,  one  thou- 
sand eight  hundred  and  sixty-three. 

SEC.  7.  And  be  it  further  enacted,  That  the  land  Fees 
officers  shall  receive  the  same  fees  for  locating  land  scrip 
issued  under  the  provisions  of  this  Act,  as  is  now  allowed 
for  the  location  of  military  bounty  land  warrants  under 
existing  laws;  provided,  their  maximum  compensation  shall 
not  be  thereby  increased. 

SEC.  8.     And  be  it  further  enacted,  That  the  Governors   Report  of 
of  the  several  States  to  which  scrip  shall  be  issued  under  sales 
this  Act,  shall  be  required  to  report  annually  to  Congress 
all  sales  made  of  such  scrip  until  the  whole  shall  be  dis- 
posed  of,   the  amount  received    for  the  same,   and  what 
appropriation  has  been  made  of  the  proceeds. 

This  Act  is  commonly  known  as  the  Morrill  Act. 


An  Act  for  the  Endowment  of  the  University  of  California. 

[Approved  April  2,  1870.     Stats.  1869-70:668.] 

SECTION  1.     The  Treasurer  of  State  shall  place  to  the 
credit  of  the  University  Fund  so  much  of  any  moneys  that 
may  be  received  by  him  from  the  net  proceeds  of  sale  of  Proceeds  from 
any  salt  marsh  and  tide  lauds  lying  in  and  around  the  Bay  f*^  ^sh 
of  San  Francisco,  belonging  to  the  State  of  California,  as,    Lands  up  to 
being  invested  in  the  bonds  of  said  State,  or  of  the  United  *50.°ooayear 
States,   shall    yield    an    annual    income    of   fifty  thousand 
dollars . 

SEC.  2.     Said  moneys  shall  be  a  fund,  the  capital  of 
which  shall  remain  undiminished,  and  the  interest  of  which 
shall  be  inviolably  applied  to  the  support  of  the  University  Applied  to 
-of    California;    provided,    that  if    at   any  time  the  income 
accruing  to  the  University  from  the  fund  created  by  this 

REGENTS'  MANUAL— 6 


80  UNIVERSITY  OF  CALIFORNIA. 

Act,  and  the  net  income  derived  from  all  other  sources 
shall  together  exceed  an  average  for  the  preceding  years, 
reckoning  from  the  date  of  the  passage  of  this  Act,  of  fifty 
thousand  dollars  per  annum,  then  the  excess  above  said 
average  of  fifty  thousand  dollars  per  annum  shall  be  paid 
into  the  Common  School  Fund  of  the  State. 

Bonds  to  be  SEC.  3.     Whenever  the  sum  paid  into    the  University 

purchased,  Fund  from  the  proceeds  of  the  sale  of  salt  marsh  and  tide 
lands,  as  directed  in  Section  One,  shall  amount  to  fifty 
thousaud  dollars,  net  proceeds,  it  shall  be  the  duty  of  the 
Treasurer  to  advertise,  in  two  daily  newspapers  published 
in  English,  in  each  of  the  Cities  of  San  Francisco  and  Sac- 
ramento, for  sealed  proposals  for  the  surrender  of  any  of 
the  civil  bonds  of  the  State  of  California,  or  of  any  gold- 
bearing  bonds  of  the  United  States.  He  shall  state  in  such 
advertisement  the  amount  of  money  on  hand  applicable  to 
the  purchase  of  bonds,  and  he  shall  accept  such  proposals 
as  will  yield  the  greatest  amount  of  annual  interest  in  gold 
coin  of  the  United  States. 

and  endorsed          SEC.  4.     All  bonds  thus  purchased   shall   be  indorsed 
"University      "University  Fund,"  and  shall  be  held  by  the  Treasurer  of 

Fund  ** 

State,  who  shall  collect  the  interest  thereon,  which  interest, 
when  collected,  shall  be  paid  into  the  University  Fund  to 
the  extent  provided  for  in  Section  Two  of  this  Act,  and 
paid  out  therefrom,  semi- annually,  to  the  Regents  of  the 
University,  upon  their  order,  to  be  by  them  expended  for 
University  purposes;  provided,  no  portion  of  said  interest 
so  received  shall  be  used  for  the  erection  or  purchase  of 
buildings  nor  for  the  purchase  of  lands. 

SEC.  5.     Whenever  the  principal  of  any  of  the  bonds 
indorsed  "University  Fund,"  in  the  hands  of   the  Treas- 
urer, shall  be  paid,  the  amount  so  paid  shall  be  reinvested 
in  like  manner  as  is  provided  for  in  Section  Three. 
See  Organic  Act,  Sec.  20,  page  40. 


REGENTS1  MANUAL.  81 

An  Act  to  Consolidate  certain  funds  and  to  create  therefrom 
a  permanent  endowment  for  the  University  of  California, 
of  which  the  interest  only  shall  be  used  by  the  Board  of 
Regents  to  meet  current  expenses. 

[Approved  March  19,  1878.     Stats.  1877-8:337.] 

SECTION  1.     That  the  entire  principal  sums  which  have  certain 
been  or  may  be  hereafter  realized  from  the  several  sources  endowments 

consolidated 

of  income  and  endowment  funds  of  the  University  of  Cali-   into 
fornia,  to  wit,  the  principal  sum  derived  from  the  sale  of  Consolidated 
lands  granted  to  the  State  of  California  by  Act  of  Congress,    Endowment 
approved    July  2,    1862,    and    amendments    thereto    and   Fund> 
the  principal  sum  derived  from  the  sale  of  the  seventy- 
two  (72)   sections  of  land  granted  to  the  State  of  Califor- 
nia for  the  use  of  a  seminary  of  learning,  by  Act  of  Con- 
gress,   approved  March    3,    1853,    and  the  principal  sum 
derived  from  the  sale  of   the   ten    (10)   sections  of   land 
granted  to  the  State  of  California  for  public  buildings,  by 
said  Act  of  Congress,  approved  March  3,  1853,  and  the 
principal  sum  which  the  Treasurer  of  the  State  of  Califor- 
nia was    directed,    by   Act   of  the  Legislature,    approved 
April  2,    1870,    to   place    to  the  credit  of  the    University 
Fund,  and  which,  being  invested  in  the  bonds  of  the  State 
or  of  the  United  States,  should  yield  an  annual  income  of- 
fifty  thousand  dollars,  and  the  principal  sum  now  remain- 
ing on  hand  derived  from  the  sale  of  the  real  estate  in 
Oakland,  Alameda  County,  and  State  of  California,  known 
as  the  "Brayton  property,"  shall  be  from  time  to  time,  as 
the  same  is  realized,  invested  in  stocks  of  the  United  States 
or  of  the  State,  or  other  safe  stocks  or  bonds,  yielding  not  and  proceeds 
less  than  five  (5)  per  centum  upon  the  par  value  of  said  to  be  invested 

to  yield 

stocks  or  bonds,  and  the  money  so  invested  shall  constitute   nve  per  cent. 
a   perpetual   fund,   to   be   known   and   designated   as  the  annual|y> 
"Consolidated  Perpetual    Endowment   Fund   of   the  Uni- 
versity of  California,"  the  capital  of  which   shall  remain 
forever  undirninished;   provided,  that  any  moneys  realized 


82  UNIVERSITY  OF  CALIFORNIA. 

from  said  sources  of  Income  or  Endowment  Funds,  or  either 
of  them,  which  have  been  heretofore  invested  according  to 
law,  may  remain  so  invested.  And  it, is  further  provided, 
that  all  such  stocks  and  bonds  as  aforesaid  shall  be  de- 
posited in  the  State  Treasury  to  the  credit  of  said  fund, 
and  shall  be  kept  separate  and  apart  from  all  other  funds 
by  the  State  Treasurer,  who  shall  pay  over  from  time  to 
time  all  interest,  profits,  income,  or  revenue  arising  from 
such  stocks  or  bonds  to  the  Treasurer  of  said  University 
upon  the  demand  or  order  of  the  Regents  ,of  the  Uni- 
versity." 
.  i 

SEC.  2.     That  all  interest,  profits,    or  revenue  arising 
from  or  growing  out  of  the  said  "Consolidated  Permanent 
Endowment  Fund  of   the  University  of  California"   shall 
to  go  into         be  placed  in  the  general  fund  of  the  University,  and  sub- 
General  Fund    ject  to  disbursement  to  meet  the  current  annual  expenses 

of  University  .  . 

of  the  University  of  California. 

SEC.  3.  That  all  Acts  or  parts  of  Acts  [or  parts  of 
Acts]  in  conflict  herewith  are  hereby  repealed. 

SECTION  2.  The  Lick  Observatory,  being  by  the  terras  of  the 
gift,  received  and  made  part  of  the  University,  may  be  supported 
out  of  the  general  University  funds  provided  in  this  Act. 

Report  of  Law  Committee,  SECRETARY'S  REPORT,  1887:77. 
See  notes  to  the  Act  following. 


An  Act  to  provide  for  the  better  control  and  management  of 
the  several  funds  of  the  University  of  California,  and  for 
the  investment  and  security  of  the  same. 

[Approved  March  7,  1883.     Stats.  1883:54.] 

Regents  to  SECTION  1.     The    Regents   of   the    University  of   Cali- 

controi  and       fornia  shall  have  the  exclusive  control  and  management  of 

all  the  funds,  endowments,  and  donations  of  the  University 


REGENTS'  MANUAL.  83 

of  California,  and  are  charged  with  the  duty  and  responsi- 
bility of  investing  and  reinvesting  the  same;  provided,  that 
said  Regents  shall  deposit  in  the  State  Treasury  for  safe  and  to  deposit 
keeping   such   funds  and   securities   as   are   now   by   law  securities  with 
required  to  be  there  deposited.  Treasurer, 

SEC.  2.  The  Treasurer  of  the  State  of  California  is 
hereby  required  to  receive  and  safely  keep  all  funds  and  se- 
curities deposited  as  herein  provided  in  the  State  Treasury 
by  the  Regents  of  the  University  of  California,  subject  at 
all  times  to  the  control  and  management  of  said  Regents; 
and  the  State  Treasurer  shall  deliver  any  or  all  of  said  se-  who  shaii 
curities  and  funds  so  deposited  in  the  State  Treasury  to  the  deliver  them 

to  Treasurer  of 

Treasurer  of  the  Regents  of  the  University  of  California,  university 

upon    presentation   to   him    of   a   resolution   of    the   said  uP°n 

Regents  indorsed  by  the  Governor  of  the  State  demanding  Regentl 
the  same  or  any  portion  thereof. 

SEC.  3.     The  Regents  of  the  University  of  California  conditions  of 
are  authorized  and  empowered  to  invest  and  reinvest  any   Endowment 

to  be  observed 

or  all  the  funds  of  the  University  of  California  in  such 
manner  and  upon  such  security  as  they  may  deem  best  for 
the  interest  of  the  University  of  California;  provided,  that 
they  shall  in  good  faith  respect  all  the  conditions  and 
limitations  of  such  endowments  and  donations  as  have 
been  made  under  conditions  or  limitations. 

SEC.  4.     All  Acts  or  parts  of  Acts  in  conflict  herewith 
are  hereby  repealed. 

SEC.  5.     This  Act  shall  take  effect  from  and  after  its 
passage. 

Under  this  Act  it  becomes  the  duty  of  the  State  Treasurer,  upon 
the  presentation  of  a  resolution  of  the  Begents,  endorsed  by  the  Gov- 
ernor, and  requesting  the  delivery  of  funds  of  the  University  there 
deposited,  to  deliver  them  as  required  by  law  to  comply  therewith. 
He  cannot  require  in  addition  a  warrant  of  the  Controller  or  a 


84  UNIVERSITY  OF  CALIFORNIA. 

deposit  of  equivalent  security,  nor  can  he-  question  the  use  the 
Regents  propose  to  make  of  the  money. 

Eegents  vs.  January,  66  Gal.  507. 
Eegents  vs.  Dunn,  6  Pac.  Rep.  377. 
See  Organic  Act,  page  44. 

The  Finance  Committee  has  reported  as  follows: 

The  decision  rendered  by  the  Supreme  Court  in  the  case  of  the 
Regents  vs.  January,  settles  several  legal  questions,  and  simplifies 
the  methods  of  controlling  University  funds.  In  the  opinion  of  the 
attorney  of  the  Board,  the  following  propositions  may  be  accepted: 

1.  That  funds  in  the  hands  of  the  State  Treasurer  belonging  to 
the  Consolidated  Perpetual  Endowment  Fund  can  be  drawn  without  a 
Controller's  warrant. 

2.  That  bonds  in  the  custody  of  the  State    Treasurer  may  be 
withdrawn  by  order  of  the  Board  without  the  deposit  of  an  equivalent 
in  money  or  bonds. 

3.  That  the  Regents  have  sole  control  of  all  its  investments,  and 
that  the  State  Treasurer  and    Controller  cannot    interfere  with    any 
action  that  may  be  taken  by  the  Board  of  Regents  in  the  investment 
of  funds. 

4.  That  it  is  a  just  inference  from  the  said  decision  that  the  Re- 
gents can  loan  all  the  funds  of  the  University  not  limited  in  the  dona- 
tion, upon  real  estate. 

The  above  report  indicates  the  policy  of  the  Board  as 
now  understood  and  acted  upon  by  the  Finance  Committee. 

SECRETARY'S  REPORT,  1885:5. 

An  Act  to  provide  for  the  permanent  support  and  improve- 
ment of  the  University  of  California  by  the  levy  of  a  rate 
of  taxation  and  the  creation  of  a  fund  therefor. 

[Approved  February  14,  1887.     Stats.  1887:2.] 

Levy  of  one  SECTION  1.     There  is  hereby  levied,  annually,  for  each 

cent  ad  fiscal  year,  an  "ad  valorem"  tax  of  one  cent  upon  each  one 

valorem  tax, 

hundred  dollars  of  value  of  the  taxable  property  of  the 
State,  which  tax  shall  be  collected  by  the  several  officers 
charged  with  the  collection  of  State  taxes,  in  the  same 


REGENTS'  MANUAL.  85 

manner  and  at  the  same  time  as  other  State  taxes  are  col- 
lected, upon  all  or  any  class  of  property,  which  tax  is  for  • 
the  support  of  the  University  of  California. 

SEC.  2.     The  State  Board  of  Equalization,  at  the  time  declared  by 
when  it  annually  determines  the  rate  of  State  taxes  to  be  State  Board  of 

Equalization, 

collected,  must  at  the  same  time  declare  the  levy  of  said 
rate  of  one  cent,  and  notify  the  Auditor  and  Board  of 
Supervisors  of  each  county  thereof. 

SEC.  3.     The  money  collected  from  said  rate,  after  de- 
ducting the  proportionate  share  of  expenses  of  collecting 
the  same  to  which  other  State  taxes  are  subject,  must  be 
paid  into  the  State  Treasury,  and  to  be  by  the  State  Treas-  for  state 
urer  converted  into  a  separate  fund,  hereby  created,  to  be  U"lx'ersit>' 

Fund, 

called  the  "State  University  Fund." 

SEC.  4.  The  money  paid  into  the  said  "State  Uni- 
versity Fund"  is  hereby  appropriated,  without  reference  to 
fiscal  years,  for  the  use  and  support  of  the  University  of 
California,  and  is  exempted  from  the  provisions  of  part 
three,  title  one,  article  eighteen,  of  an  Act  entitled  "An 
Act  to  establish  a  Political  Code,"  approved  March  twelfth, 
eighteen  hundred  and  seventy-two,  relating  to  the  Board  of 
Examiners.  When  there  is  any  money  in  the  said  fund, 
the  same  may  be  drawn  out  upon  the  order  of  the  Board  of  subject  to 
Regents  of  the  Universitv  of  California,  or  such  officers  of  trder  of 

Regents, 

the  Board  as  may  be  duly  authorized  thereto.  Upon  the 
receipt  of  the  order,  the  Controller  must  draw  his  warrant 
upon  the  State  Treasurer,  payable  to  the  order  of  the 
Treasurer  of  the  University  of  California,  out  of  the  said 
"State  University  Fund." 

SEC.  5.     The  money  derived  from  said  fund  must  be 
applied  only  to  the  support  and  permanent  improvement  for  support 
of  the  University,  and  the  Board  of  Regents  must  include  and 

permanent 

in  its  biennial  report  to  the  Governor  a  statement  of  the  improvements 
manner  and  for  what  purposes  the  money  was  expended. 


86  UNIVERSITY  OF  CALIFORNIA. 

SEC.  6.     This  Act  takes  effect  immediately. 

SECTION  5.  The  Kegents  have  considered  that  this  subdivi- 
sion allowed  money  provided  by  the  Act  to  be  used  if  necessary  in 
support  of  the  Observatory  on  Mt.  Hamilton. 

Report  of  Law  Committee.     SECRETARY'S  REPORT,  1887:  78. 
See  Act  of  February  27,  1897,  page  96. 


An  Act  to  apply  a  portion  of  the  proceeds  of  the  public  lands 
to  the  more  complete  endowment  and  support  of  the  colleges 
for  the  benefit  of  agriculture  and  the  mechanic  arts,  estab- 
lished under  the  provisions  of  an  Act  of  Congress,  approved 
July  2,  1862. 

[Approved  August  30,  1890.     26  U.  S.  Stats,  at  Large  417.] 

Appropriation         Be  it  enacted  by  the  Senate  and  House  of  Representatives 
by  Congress      Of  £jie   jjnjfad.  states  of  America,  in   Congress  assembled. 

for  more 

complete          That  there  shall  be,  and  hereby  is,  annually  appropriated, 

Endowment  of  ou£  of  anv  money  [n  tne  treasury  not  otherwise    appro- 
Land  Grant 
Colleges  priated,  arising  from  the  sales  of  public  lands,  to  be  paid  as 

hereinafter  provided,  to  each  State  and  Territory  for  the 
more  complete  endowment  and  maintenance  of  colleges  for 
the  benefit  of  agriculture  and  the  mechanic  arts  now  estab- 
lished, or  which  maybe  hereafter  established,  in  accordance 
with  an  Act  of  Congress  approved  July  2,  1862,  the  sum 
of  $15,000  for  the  year  ending  June  30,  1890,  and  an 
annual  increase  of  the  amount  of  such  appropriation  there- 
after for  ten  years  by  an  additional  sum  of  $1,000  over  the 
preceding  year,  and  the  annual  amount  to  be  paid  there- 
after to  each  State  and  Territory  shall  be  $25,000,  to  be 
Limitation  of  applied  only  to  instruction  in  agriculture,  the  mechanic 
Subjects  of  ar{.s  t^e  English  language  and  the  various  branches  of 

Instruction  . 

mathematical,  physical,  natural  and  economic  science,  with 
special  reference  to  their  applications  in  the  industries  of 
life,  and  to  the  facilities  for  such  instruction: 


REGENTS'  MANUAL.  87 

Provided,  That  no  money  shall  be  paid  out  under  this 
Act  to  any  State  or  Territory  for  the  support  and  main- 
tenance of  a  college  where  a  distinction  of  race  or  color  is  NO  distinction 
made  in  the  admission  of  students,  but  the  establishment  of  race  or 

color, 

and  maintenance  of  such  colleges  separately  for  white  and 
colored  students  shall  be  held  to  be  a  compliance  with  the 
provisions  of  this  Act  if  the  funds  received  in  such  State 
or  Territory  be  equitably  divided  as  hereinafter  set  forth. 

Provided,  That  in  any  State  in  which  there  has  been 
one  college  established  in  pursuance  of  the  Act  of  July  2,   unless  state 
1862,  and  also  in  which  an  educational  institution  of  like  m*intains 

college  also 

character  has  been  established,  or  may  be  hereafter  estab-  for  colored 
lished,  and  is  now  aided  by  such  State  from  its  own  students 
revenue,  for  the  education  of  colored  students  in  agri- 
culture and  the  mechanic  arts,  however  named  or  styled, 
or  whether  or  not  it  has  received  money  heretofore  under 
the  Act  to  which  this  Act  is  an  amendment,  the  Legislature 
of  such  State  may  propose  and  report  to  the  Secretary  of 
the  Interior  a  just  and  equitable  division  of  the  fund  to  be 
received  under  this  Act  between  one  college  for  white  stu- 
dents and  one  institution  for  colored  students  established 
as  aforesaid,  which  shall  be  divided  into  two  parts  and  paid 
accordingly,  and  thereupon  such  institution  for  colored 
students  shall  be  entitled  to  the  benefits  of  this  Act  and 
subject  to  its  provisions,  as  much  as  it  would  have  been  if 
it  had  been  included  under  the  Act  of  1862,  and  the  fulfill- 
ment of  the  foregoing  provisions  shall  be  taken  as  a  com- 
pliance with  the  provision  in  reference  to  separate  colleges 
for  white  and  colored  students. 

SEC.  2.     That   the   sums    hereby   appropriated   to   the  time  and 
States  and  Territories  for  the  further  endowment  and  sup-  ^aay"^t°f 
port  of  colleges  shall  be  annually  paid  on  or  before  the 
thirty-first  day  of  July  of  each  year,  by  the  Secretary  of 
the  Treasury,  upon  the  warrant  of  the  Secretary  of  the 
Interior,  out  of  the  treasury  of  the  United  States,  to  the 


88  UNIVERSITY  OF  CALIFORNIA. 

State  or  Territorial  Treasurer,  or  to  such  officer  as  shall  be 
designated  by  the  laws  of  such  State  or  Territory  to  receive 
the  same,  who  shall,  upon  the  order  of  the  Trustees  of  the 
college,  or  the  institution  for  colored  students,  immediately 
pay  over  said  sums  to  the  Treasurers  of  the  respective  col- 
leges or  other  institutions  entitled  to  receive  the  same,  and 
such  Treasurers  shall  be  required  to  report  to  the  Secretary 
of  Agriculture  and  to  the  Secretary  of  the  Interior,  on  or 
before  the  first  day  of  September  of  each  year,  a  detailed 
statement  of  the  amount  so  received  and  of  its  disburse- 
ment. The  grants  of  moneys  authorized  by  this  Act  are 
made  subject  to  the  legislative  assent  of  the  several  States 
and  Territories  to  the  purpose  of  said  grants:  provided, 
that  payments  of  such  installments  of  the  appropriation 
herein  made  as  shall  become  due  to  any  State  before  the 
adjournment  of  the  regular  session  of  the  Legislature  meet- 
ing next  after  the  passage  of  this  Act  shall  be  made  upon 
the  assent  of  the  Governor  thereof,  duly  certified  to  the 
Secretary  of  the  Treasury. 

SEC.  3.  That  if  any  portion  of  the  moneys  received 
by  the  designated  officer  of  the  State  or  Territory  for  the 
further  and  more  complete  endowment,  support,  and  main- 
tenance of  colleges,  or  of  institutions  for  colored  students, 
as  provided  in  this  Act,  shall  by  any  action  or  contingency 
Appropriations  be  diminished  or  lost,  or  be  misapplied,  it  shall  be  replaced 
by  the  State  or  Territory  to  which  it  belongs,  and  until  so 

misapplied  to 

be  replaced  replaced  no  subsequent  appropriation  shall  be  apportioned 
or  paid  to  such  State  or  Territory;  and  no  portion  of  said 
moneys  shall  be  applied,  directly  or  indirectly,  under  any 
pretense  whatever,  to  the  purchase,  erection,  preservation, 
or  repair  of  any  building  or  buildings.  An  annual  report 
by  the  President  of  each  of  said  colleges  shall  be  made  to 

Reports  the  Secretary  of  Agriculture,  as  well  as  to  the  Secretary  of 

the  Interior,  regarding  the  condition  and  progress  of  each 
college,  including  statistical  information  in  relation  to  its 


REGENTS'  MANUAL.  89 

receipts  and  expenditures,  its  library,  the  number  of  its 
students  and  professors,  and  also  as  to  any  improvements 
and  experiments  made  under  the  direction  of  any  experi- 
ment stations  attached  to  said  colleges,  with  their  cost  and 
results,  and  such  other  industrial  and  economical  statistics 
as  may  be  regarded  as  useful,  one  copy  of  which  shall  be 
transmitted  by  mail  free  to  all  other  colleges  further 
endowed  under  this  Act. 

SEC.  4.  That  on  or  before  the  first  day  of  July  in  each  Duties  of 
year  after  the  passage  of  this  Act,  the  Secretary  of  the  Secretary  of 
Interior  shall  ascertain  and  certify  to  the  Secretary  of  the 
Treasury  as  to  each  State  and  Territory  whether  it  is 
entitled  to  receive  its  share  of  the  annual  appropriation  for 
colleges,  or  of  institutions  for  colored  students,  under  this 
Act,  and  the  amount  which  thereupon  each  is  entitled, 
respectively,  to  receive.  If  the  Secretary  of  the  Interior 
shall  withhold  a  certificate  from  any  State  or  Territory  of 
its  appropriation  the  facts  and  reasons  therefor  shall  be 
reported  to  the  President,  and  the  amount  involved  shall 
be  kept  separate  in  the  treasury  until  the  close  of  the  next 
Congress,  in  order  that  the  State  or  Territory  may,  if  it 
should  so  desire,  appeal  to  Congress  from  the  determina- 
tion of  the  Secretary  of  the  Interior.  If  the  next  Congress 
shall  not  direct  such  sum  to  be  paid,  it  shall  be  covered 
into  the  Treasury.  And  the  Secretary  of  the  Interior  is 
hereby  charged  with  the  proper  administration  of  this  law. 

SEC.  5.  That  the  Secretary  of  the  Interior  shall  annually 
report  to  Congress  the  disbursements  which  have  been 
made  in  all  the  States  and  Territories,  and  also  whether 
the  appropriation  of  any  State  or  Territory  has  been  with- 
held, and  if  so  the  reasons  therefor. 

SEC.  6.  Congress  may  at  any  time  amend,  suspend,  or 
repeal  any  or  all  of  the  provisions  of  this  Act. 


90  UNIVERSITY  OF  CALIFORNIA. 

An  Act  expressing  assent  of  the  State  of  California  to  the  Act  of 
Congress,  approved  August  30,  1890,  entitled  "An  Act  to 
apply  a  portion  of  the  proceeds  of  the  public  lands  to  the 
more  complete  endowment  and  support  of  the  colleges  for 
the  benefit  of  agriculture  and  the  mechanic  arts,  established 
under  the  provisions  of  an  Act  of  Congress,  approved  July 
second,  eighteen  hundred  and  sixty-two,"  and  to  the  pur- 
poses of  the  grants  of  moneys  authorized  thereby,  and  to  all 
the  provisions  thereof. 

[Approved  March  31,  1891.     Stats.  1891:458.] 

Assent  of  SECTION  1 .     The  State  of  California  hereby  assents  to 

State  to  the       ^  pllrpOses  of  the  grants  of  moneys  authorized  bv  the 

foregoing  Act 

Act  of  Congress,  approved  August  thirtieth,  eighteen 
hundred  and  ninety,  and  to  all  the  provisions  thereof,  of 
which  Act  the  following  is  a  copy. 

(Here  follows  the  Act,  as  given  on  page  86.) 

An  Act  to  provide  for  the  payment  of  interest  on  the  out- 
standing bonds  of  the  State  of  California,  held  in  trust  for 
the  University  Fund  and  the  State  School  Fund;  to  repeal 
an  Act  of  the  Legislature  of  the  State  of  California, 
approved  March  4,  1881,  entitled  "An  Act  to  appropriate 
money  to  reimburse  the  University  of  California,  for  moneys 
heretofore  appropriated  to  the  Endowment  Fund  thereof, 
which  moneys  have  by  mistake  been  withheld  therefrom 
and  appropriated  to  other  State  purposes,"  and  making  an 
appropriation  to  pay  the  interest  on  said  outstanding 
bonds,  from  January  1  to  July  1,  1893. 

[Approved  March  3,  1893.     Stats.  1893:75.] 

WHEREAS,  There  was  on  the  first  day  of  January, 
eighteen  hundred  and  ninety-three,  outstanding  and  unpaid 
two  million  five  hundred  and  twenty-eight  thousand  five 
hundred  dollars  of  Funded  Debt  Bonds  of  eighteen  hundred 
and  seventy-three,  issued  by  the  State  of  California,  bear- 


REGENTS'  MANUAL.  91 

iug  interest  at  the  rate  of  six  per  cent,  per  annum  ;  and 
whereas,  the  people  of  the  State  of  California,  at  the  elec- 
tion held  on  the  eighth  day  of  November,  eighteen  hundred 
and  ninety- two,  refused  to  refund  said  bonds;  and  whereas, 
the  whole  of  said  bonds,  excepting  the  sum  of  two  hundred 
and  fifty-one  thousand  dollars,  are  held  by  the  State  of 
California  in  trust  as  follows:  For  the  support  of  the  State 
School  Fund,  one  million  five  hundred  and  twenty- six 
thousand  five  hundred  dollars,  and  for  the  University  Fund, 
in  support  of  the  State  University,  seven  hundred  and 
fifty-one  thousand  dollars;  and  whereas,  the  period  for 
which  said  bonds  were  to  run  having  expired,  and  the 
coupons  originally  attached  thereto  having  been  paid;  and 
whereas,  at  the  present  session  of  the  Legislature  a  law  has 
been  passed  providing  for  the  payment  and  cancellation  of 
the  bonds  held  by  private  individuals  in  the  sum  of  two 
hundred  and  fifty-one  thousand  dollars,  together  with 
interest  thereon;  and  whereas,  it  has  become  necessary  for 
the  State  to  pay  interest  on  the  bonds  so  held  in  trust,  or 
to  pay  said  bonds  in  full,  and  there  being  no  money  in 
the  State  Treasury  to  pay  the  same,  or  any  part  thereof; 
therefore, 

The  People  of  the  State  of  California,  represented  in  Senate 
and  Assembly,  do  enact  as  follows: 

SECTION  1 .     The  State  of  California  hereby  agrees  to  state  to  pay 
pay  and  will  pay,  interest  on  said  outstanding  bonds  so  interest  on 
held  in  trust  for  the  benefit  of  the  State  School  Fund  and 
The  University  Fund  at  the  rate  of  six  per  cent,  per  annum, 
payable  semi-annually,  from  January  first,  eighteen  hundred 
and  ninety- three,   on  the  second  of  January  and  July  of 
each  year,  and  the  faith  of  the  State  of  California  is  hereby 
pledged  for  the  payment  of  the  interest  as  herein  provided. 

SEC.  2.     The  State  Treasurer  shall  hereafter  pay,  semi- 
annually,  on  the  second  of  January  and  July  of  each  year, 


92 


UNIVERSITY  OF  CALIFORNIA. 


and  on  to  the    University  of  California,  the  sum  of   twenty-four 

Diverted  Fund,  ^ousan(j  u[ne  hundred  and  twenty- two  dollars  and  fiftv 

to  the 


University, 


and  for 

Common 

Schools 


Manner  of 
payment 


cents,  the  same  being  the  interest  at  the  rate  of  six  per  cent 
per  annum,  on  the  outstanding  bonds  held  by  said  Univer- 
sity against  the  State,  of  the  face  value  of  seven  hundred 
and  fifty-one  thousand  dollars,  and  belonging  to  the  Endow- 
ment Fund  provided  by  Congress,  to  which  is  added  the 
sum  of  seventy-nine  thousand  seven  hundred  and  fifty 
dollars,  also  belonging  to  said  Endowment  Fund  of  said 
University,  the  interest  on  which  has  heretofore  been  pro- 
vided for  by  the  Act  of  March  fourth,  eighteen  hundred 
and  eighty-one. 

SEC.  3.  The  State  Treasurer  shall  also,  as  in  the  pre- 
ceding section,  pay  over,  semi-annually,  as  now  required 
by  law,  for  the  support  of  the  common  schools  of  the  State, 
the  sum  of  forty-five  thousand  seven  hundred  and  ninety-five 
dollars,  the  same  being  the  semi-annual  interest,  computed 
at  the  rate  of  six  per  cent  per  annum,  due  from  the  State  on 
the  bonds  belonging  to  the  Common  School  Fund,  now  held 
by  the  State  Treasurer,  of  the  face  value  of  one  million  five 
hundred  and  twenty-six  thousand  five  hundred  dollars. 
See  Act  of  July  2,  1862,  page  75. 

SEC.  4.     [Amended;  see  page  95.] 

SEC.  5.  It  shall  be  the  duty  of  the  State  Treasurer  to 
pay  the  interest  on  said  bonds  so  held  in  trust  when  the 
same  falls  due,  out  of  said  Interest  and  Sinking  Fund;  pro- 
vided, that  the  Controller  of  State  shall  first  draw  his  war- 
rant on  the  treasury,  payable  to  the  order  of  said  State 
Treasurer,  for  the  amount  of  interest  money  about  to 
become  due,  which  said  warrant  shall  be  drawn  at  least 
one  month  previous  to  the  maturing  of  the  interest. 

SEC.  6.  The  Act  of  the  Legislature  of  the  State  of  Cali- 
fornia, approved  March  fourth,  one  thousand  eight  hundred 
and  eighty-one,  entitled,  "An  Act  to  appropriate  money  to 


REGENTS'  MANUAL.  93 

reimburse  the  University  of  California  for  moneys  hereto- 
fore appropriated  to  the  Endowment  Fund  thereof,  which 
moneys  have  by  mistake  been  withheld  therefrom  and 
appropriated  to  other  State  purposes,"  is  hereby  repealed. 

SEC.  7.  There  is  hereby  appropriated  out  of  any  moneys  Appropriation 
in  the  General  Fund  of  the  State  Treasury  not  otherwise 
appropriated,  the  sum  of  sixty-eight  thousand  three  hun- 
dred and  twenty-five  dollars,  to  pay  the  interest  on  said 
outstanding  bonds  so  held  in  trust,  from  January  first  to 
July  first,  one  thousand  eight  hundred  and  ninety- three. 
It  shall  be  the  duty  of  the  State  Treasurer  to  pay  the 
interest  on  said  bonds  when  the  same  falls  due,  out  of 
the  moneys  hereby  appropriated;  provided,  that  the  Con- 
troller of  State  shall  first  draw  his  warrant  on  the  State 
Treasury,  payable  to  the  order  of  said  State  Treasurer, 
for  the  amount  of  interest  money  about  to  become  due, 
which  said  warrant  shall  be  drawn  at  least  one  month 
previous  to  the  maturing  of  the  interest. 

SEC.  8.     This  Act  shall  take  effect  from  and  after  its 
passage . 

An  Act  to  amend  the  title  to  an  Act  entitled  "An  Act  to  provide 
for  the  payment  of  interest  on  the  outstanding  bonds  of  the 
State  of  California,  held  in  trust  for  the  University  Fund 
and  the  State  School  Fund;  to  repeal  an  Act  of  the  Legisla- 
ture of  the  State  of  California,  approved  March  4,  1881, 
entitled  'An  Act  to  appropriate  money  to  reimburse  the 
University  of  California  for  money  heretofore  appropriated 
to  the  Endowment  Fund  thereof,  which  moneys  have  by  mis- 
take been  withheld  therefrom  and  appropriated  to  other 
State  purposes,'  and  making  an  appropriation  to  pay  the 
interest  on  said  outstanding  bonds,  from  January  1  to 
July  1,  1893,"  approved  March  3,  1893;  to  amend 
section  four  or  the  same  Act,  and  to  appropriate  the  sum  of 
$16,747.50,  now  in  the  University  Fund  and  unavailable. 

[Became  a  law,  without  approval,  March  11,  1899.     Stats.  1899:93.] 


94  UNIVERSITY  OF  CALIFORNIA. 

Title  of  SECTION  1.     The  title  to  an  Act  antitled  "An  Act  to 

preceding  act      provide   for  the  payment  of  interest  on  the  outstanding 

amended 

bonds  of  the  State  of  California,  held  in  trust  for  the 
University  Fund  and  the  State  School  Fund;  to  repeal  an 
Act  of  the  Legislature  of  the  State  of  California,  approved 
March  fourth,  eighteen  hundred  and  eighty-one,  entitled 
'An  Act  to  appropriate  money  to  reimburse  the  University 
of  California  for  moneys  heretofore  appropriated  to  the 
Endowment  Fund  thereof,  which  moneys  have  by  mistake 
been  withheld  therefrom  and  appropriated  to  other  State 
purposes,'  and  making  an  appropriation  to  pay  the  interest 
on  said  outstanding  bonds,  from  January  first  to  July  first, 
eighteen  hundred  and  ninety-three,"  approved  March 
third,  eighteen  hundred  and  ninety-three,  is  hereby 
amended  so  as  to  read  as  follows: 

An  Act  to  provide  for  the  payment  of  interest  on  the 
outstanding  bonds  of  the  State  of  California,  held  in  trust 
for  the  University  Fund  and  the  State  School  Fund,  and 
on  the  sum  of  seventy-nine  thousand  seven  hundred 
to  include  and  fifty  dollars,  diverted  funds  belonging  to  the  Endow- 
DivertedFund  ment  Fund  of  the  University  of  California;  to  repeal  an 
Act  of  the  Legislature  of  the  State  of  California,  approved 
March  fourth,  eighteen  hundred  and  eighty-one,  entitled 
"An  Act  to  appropriate  money  to  reimburse  the  University 
of  California,  for  moneys  heretofore  appropriated  to  the 
Endowment  Fund  thereof,  which  moneys  have  by  mistake 
been  withheld  therefrom  and  appropriated  to  other  State 
purposes,"  and  making  an  appropriation  to  pay  the  interest 
on  said  outstanding  bonds  from  January  first  to  July  first, 
eighteen  hundred  and  ninety- three. 

SEC.    2.     Section    four    of     the    same   Act   is    hereby 
amended  so  as  to  read  as  follows: 

Section  4.     For  the  payment  of    the  interest  on  said 
outstanding  bonds  so  held  in  trust,  and  on  said  diverted 


REGENTS'  MANUAL.  95 

funds,  as  herein  provided,  there  shall  be  levied  annually,   Tax  rate  to  be 

by  the  State  Board  of  Equalization,  such  rate  of  tax  on  levied 

each  one  hundred  dollars  of  the  assessed  value  of  the  real 

and  personal  property  in  the  State,  to  be  computed  by  the 

Controller  of  State,  on  the  basis  of  the  assessed  value  of 

such  property   for  the  preceding   year,   as   shall  produce 

annually  the  interest  on  such  bonds  and  diverted  funds 

provided  to  be  paid  in  sections  one,  two,  and  three  of  this 

Act.     The  State  Board  of  Equalization  shall  certify  the 

rate  of  tax  thus  computed  to  the  several  County  Auditors, 

and  the  said  Auditors  are  hereby  directed  and  required  to 

enter  such  rate  on  the  assessment  rolls  of  their  respective 

counties,  in  the  same  manner  and  with  the  same  effect  as 

is  provided  by  law  in  relation  to  other  State  taxes.     Every 

tax  levied  under  the  provision  or  authority  of  this  Act  is 

hereby  made  a  lien  against  the  property  assessed,  which 

lien  shall  attach  on  the  first  Monday  in  March  of  each  year, 

and  shall  not  be  satisfied  or  removed  until  such  tax  has 

been  paid  or  the  property  sold  in  satisfaction  thereof.     All 

moneys  derived  from  taxes  authorized   by  the  provisions 

of  this  section  shall  be  paid  into  the  State  Treasury  to  the 

credit   of   the   Interest  and    Sinking   Fund,  and  shall  be 

applied  to  the  payment  of  the  interest  as  herein  provided 

for;  provided,  that  all  the  moneys  remaining  in  the  State 

Treasury  to  the  credit  of  said  Interest  and  Sinking  Fund 

on  the  fifteenth  day  of  July  each  year,  after  the  interest  on 

such  bond  so  held  in  trust,  and  on  said  diverted  funds,  has 

been  paid,  shall  be  transferred  by  the  Treasurer  of  State, 

on  the  order  of  the  Controller  of  State,   to  the  General 

Fund. 

SEC.  3     The  sum  of    sixteen  thousand   seven   hundred 
and  forty-seven  dollars  and  fifty  cents,  now  in  the  Univer- 
sity Fund  and  unavailable,  is  hereby  appropriated  to  the  Appropriation 
uses  of  the  University  of  California. 

SEC.  4.     This  Act  shall  take  effect  immediately. 

REGENTS'  MANUAL — 7 


96  UNIVERSITY  OF  CALIFORNIA. 

SEC.  2.  That  portion  of  Sec.  2,  relating  to  the  interest  on 
$79,750,  not  being  referred  to  in  the  title  of  the  Act,  is  unconstitutional 
according  to  an  opinion  of  the  Attorney- General  reported  in 

SECRETARY'S  EEPORT,  1896:43. 


An  Act  to  provide  additional  support  and  maintenance,  and  for 
the  acquisition  of  necessary  property  and  improvements  for 
the  University  of  California,  by  the  levy  of  a  rate  of  taxa- 
tion, and  the  creation  of  a  fund  therefor. 

[Approved  February  27,  1897.     Stats.  1897:  44.] 

SECTION  1.     In  addition  to  all  other  sources  and  means 

of  support,  maintenance,  advantage,  and  improvement  of 

the  University  of  California,  there  is  hereby  levied,  annu- 

Second  one      ally,  for  each  fiscal  year,  an  "  ad  valorem"  tax  of  one  cent 

cent  ad  upon   each   one  hundred  dollars  of  value  of  the  taxable 

provided,         property  of  the  State,  which  tax  shall  be  collected  by  the 

several  officers  charged  with  the  collection  of  state  taxes,  in 

the  same  manner  and  at  the  same  time  as  other  state  taxes 

are  collected,  upon  all  or  any  class  of  property;   which  tax 

is  for  the  use  and  support  of  the  University  of  California. 

SEC.  2.     The  State  Board  of  Equalization,   at  the  time 

when  it  annually  determines  the  rate  of  State  taxes  to  be 

to  be  declared    collected,  must  at  the  same  time  declare  the  levy  of  said 

annually,         raj.g  of  one   cen^  an(j  notify  the  Auditor   and    Board    of 

Supervisors  of  each  county  thereof. 

SEC.  3.     The  money  collected  from  said  rate,  after  de- 
ducting the  proportionate  share  of  expenses  of  collecting 
for  state         the  same  to  which  other  State  taxes  are  subject,  must  be 
Pu"^ersity        paid  into  the  State  treasury,  and  be  by  the  State  Treasurer 
converted  into  the  "State  University  Fund." 


REGENTS1  MANUAL.  97 

SEC.  4.  The  money  paid  into  the  said  "State  University  subject  to 
Fund"  is  hereby  appropriated,  without  reference  to  fiscal  ^redeernt°sf 
years,  for  the  use  and  support  of  the  University  of  Cali- 
fornia, and  is  exempted  from  the  provisions  of  part  three, 
title  one,  article  eighteen,  of  an  Act  entitled  "An  Act  to 
establish  a  Political  Code,"  approved  March  twelfth, 
eighteen  hundred  and  seventy-two,  relating  to  the  Board 
of  Examiners.  When  there  is  &ny  money  in  said  fund,  the 
same  may  be  drawn  out  upon  the  order  of  the  Board  of 
Regents  of  the  University  of  California,  or  such  officers  of 
the  Board  as  may  be  duly  authorized  thereto.  Upon  the 
receipt  of  the  order,  the  Controller  must  draw  his  warrant 
upon  the  State  Treasurer,  payable  to  the  order  of  the 
treasurer  of  the  University  of  California,  out  of  said  "  State 
University  Fund,"  and  the  said  Treasurer  must  pay  the 
same. 

SEC.  5.     The  money  derived  from  said   fund  must   be 
applied  only  to  the  uses  and  purposes  of  the  University  of  for  uses  of 
California,  and  the  Board  of  Eegents  must  include  in  its  University> 
biennial  report  to  the  Governor  a  statement  of  the  manner 
and  for  what  purposes  the  money  was  expended;  provided, 
that  not  less  than  one-half  of  the  revenues  raised  here-  but  one-hair  for 
under,  during  the  first  ten  fiscal  vears  after  this  Act  takes  ten  years  for 

permanent 

effect,  shall  be  devoted  solely  to  the  purposes  of  acquiring  improvements 
lands,  buildings,  and   permanent   improvements    for    the 
University. 

SEC.  6.     This  Act  shall  take  effect  immediately. 

The  Law  Committee  and  Counsel  for  the  Board  of  Eegents 
reported  that  the  words  "  permanent  improvements"  in  this  act  mean 
whatever  may  be  necessary  to  make  the  buildings  or  grounds  useful 
for  the  purposes  for  which  they  are  intended. 

SECRETARY'S  REPORT  1897:  107. 
See  Act  of  Feb.  14,  1887,  page  84. 


98  UNIVERSITY  OF  CALIFORNIA. 

An  Act  making  an  appropriation  of  fifty  thousand  ($50,000.00) 
dollars  for  the  use  and  benefit  of  the  University  of  California, 
directing  the  special  purpose  therefor,  and  prescribing  the 
duties  of  the  Controller  and  Treasurer  in  relation  thereto. 

[Approved  March  8,  1901.     Stats.  1901:  110.] 

WHEREAS,  By  the  terms  of  the  Act  of  Congress,  ap- 
proved the  second  day  of  July,  A.D.  eighteen  hundred  and 
sixty-two,  granting  certain  public  lands  to  the  several 
States  and  Territories  of  the  United  States  to  provide  a 
perpetual  fund  for  the  endowment,  support  and  mainte- 
nance of  colleges,  it  was  prescribed  that  the  capital  thereof 
shall  remain  forever  undiminished,  and  further,  that  if  any 
portion  thereof  should  in  any  event  be  lost,  the  State  to 
which  it  belongs  shall  replace  the  amount,  so  that  the  capi- 
tal of  the  fund  shall  remain  forever  undiminished;  and 

WHEREAS,  William  C.  Turner,  late  of  Merced,  Califor- 
nia, did  in  his  lifetime  borrow  from  the  Regents  of  the 
University  of  California,  a  beneficiary  of  the  Act  of  Con- 
gress aforesaid,  the  sum  of  forty- seven  thousand  ($47,- 
000.00)  dollars,  money  of  the  perpetual  fund  provided  for 
the  University  of  California  by  the  said  Act  of  Congress, 
and  a  loss  or  diminution  of  the  perpetual  fund  may  by 
possibility  result  therefrom;  now,  therefore, 

The  People  of  the  State  of  California,  represented  in  Senate 
and  Assembly,  do  enact  as  folloivs: 

$50,000  SECTION  1.     The    sum    of   fifty  thousand    ($50,000.00) 

appropriated  dollars  is  hereby  appropriated  out    of   any  money  in  the 

possible  loss  State  Treasury  not   otherwise   appropriated,  for   the   use, 

in  endowment  benefit,  maintenance,  and   support   of   the    University  of 

fund  through  .  .      ,,  .  ... 

Turner  loan  California.  The  sum  hereby  appropriated  shall  be  in  addi- 
tion to  all  other  sums  of  money  provided  for  the  use  of  the 
University  of  California;  but  in  the  event  any  diminu- 


REGENTS1  MANUAL.  99 

tion  of  the  perpetual  endowment  fund  of  the  University 
of  California  results  from  the  loan  to  William  C.  Turner, 
above  mentioned,  or  loss  is  caused  thereby,  the  money 
hereby  appropriated,  or  so  much  thereof  as  shall  be  neces- 
sary therefor,  shall  be  used  by  the  Regents  of  the  Uni- 
versity of  California  to  make  good  such  diminution  or  loss, 
and  the  residue  only  shall  be  put  into  the  University  Fund; 
but  in  the  event  no  loss  or  diminution  arises  from  the  loan 
to  William  C.  Turner,  aforesaid,  then  the  whole  of  the 
money  hereby  appropriated  shall  be  paid  into  the  Uni- 
versity Fund. 

SEC.  2.  The  controller  is  authorized  and  directed  to 
draw  his  warrant  for  the  sum  hereby  appropriated,  payable 
to  the  treasurer  of  the  University  of  California,  and  the 
treasurer  of  State  is  directed  to  pay  the  same. 

SEC.  3.  This  Act  shall  be  in  effect  from  and  after  its 
passage. 

An  Act  to  provide  a  continuous  appropriation  for  the  support 
and  maintenance  of  the  University  of  California,  to  be  an 
item  of  the  general  appropriation  bill. 

[Approved  March  15,  1901.     Stats.  1901:  307.] 

SECTION  1 .  It  is  hereby  declared  that  it  is  necessary  and 
expedient  for  the  State  of  California  to  provide  a  permanent 
increase  of  the  funds  of  the  University  of  California. 

SEC.  2.     In  addition  to  all  other  sums  of  money  or  funds  Biennial 
provided  for  the  support  and  maintenance  of  the  University  APPr°Pnat|on 
of  California,   and  commencing  with  the  fifty-fifth  fiscal 
year,  there  shall  be  an  appropriation  biennially  of  the  sum 
of  two  hundred  thousand    ($200,000.00)  dollars  therefor, 
which  sum  shall  be  carried  into  the  general  appropriation  bill 
as  are  the  items  of  appropriation  for  other  State  institu- 
tions, and  be  an  item  thereof. 


100  UNIVERSITY  OF  CALIFORNIA. 


CHAPTER  VIII. 
FORESTRY. 

An  Act  to  repeal  an  Act  entitled  "An  Act  to  create  a  State 
Board  of  Forestry,  and  to  provide  for  the  expenses  thereof," 
approved  March  3,  1885,  and  the  Act  amendatory  thereof, 
approved  March  7,  1887,  and  to  make  an  appropriation  for 
the  maintenance  and  preservation  of  the  property  of  said 
Board  of  Forestry. 

[Approved  March  23,  1893.     Stats.  1893:229.] 

SECTION  1.  An  Act  entitled  "An  Act  to  create  a  State 
Board  of  Forestry,  and  to  provide  for  the  expenses  thereof," 
approved  March  third,  eighteen  hundred  and  eighty- five, 
is  hereby  repealed. 

Transferor  SEC.  2.     All  the  real  and  personal  property  of  the  said 

property  of        Board,  on  or  before  the  first  day  of  July,  eighteen  hun- 

State  Board  of  . 

Forestry  dred  and  ninety- three,  shall  be  assigned,  made  over,  and 

transferred  to  the  Agricultural  Department  of  the  Univer- 
sity of  California. 

Appropriation         SEC.  3.     There  is  hereby  appropriated  the  sum  of  four 
for  thousand  dollars  out  of  any  money  in  the  State  Treasury 

Experimental  .  . 

Station  not  otherwise  appropriated,   payable  to    the  Agricultural 

Department  of  the  University  of  California,  for  the  sup- 
port, maintenance,  and  preservation  of  the  Experimental 
Stations  of  the  State  Board  of  Forestry,  and  the  Controller 
is  hereby  directed  to  draw  his  warrant  for  the  same. 

SEC.  4.  This  Act  shall  take  effect  from  and  after  July 
first,  eighteen  hundred  and  ninety-three. 


REGENTS'  MANUAL.  L°°*CA|. 


CHAPTER   IX. 

GEOLOGICAL    SURVEY. 

An  Act  to  authorize  the  distribution  of  the  reports  of  the  State 
Geological  Survey. 

[Approved  February  2,  1872.     Stats.  1871-2:55.] 

SECTION  1.  On  the  application  of  any  Consul  residing 
in  the  City  of  San  Francisco  and  representing  an  Europ- 
ean Government,  to  the  Governor  of  the  State  of  Cali- 
fornia, requesting  a  set  of  the  reports  of  the  State  Geolog- 
ical Survey,  to  be  deposited  in  some  well-known  and 
established  scientific  or  literary  institution  under  the  control 
of  the  Government  of  which  he  is  the  accredited  represen- 
tative, an  order  may  issue  from  the  Governor  to  the  Secre- 
tary of  State  or  the  State  Geologist,  as  the  case  may  be, 
directing  them  to  furnish  one  such  set  of  reports  only  to 
each  nation  having  a  Consul  residing  in  San  Francisco; 
provided  further,  that  the  State  Superintendent  of  Public 
Instruction  shall  be  furnished,  on  demand  to  the  Secretary 
of  State  and  the  State  Geologist,  with  one  set  for  the  State  sets  of 
Normal  School,  two  sets  for  the  State  University,  and  two  rep°rtsfor 

University- 
Sets  for  the  State  Library. 

SEC.  2.  The  Secretary  of  State  or  the  State  Geologist, 
on  the  presentation  of  such  order,  shall  deliver  to  the 
party  therein  named  such  sets  or  parts  of  set  of  the  reports 
of  the  State  Geological  Survey  as  may  be  designated, 
taking  his  receipt  therefor.  They  shall  annually,  on  the 
first  day  of  September  of  each  year,  repori  to  the  Governor 
the  number  of  volumes  so  issued,  at  whose  request,  and  to 
what  institution  presented. 

SEC.  3.     This  Act  shall  take  effect  immediately. 


102 


UNIVERSITY  OF  CALIFORNIA. 


State  Geologist 
to  deliver  up 
all  property  of 
Geological 
Survey 


Appropriation 


Sale  of 
Reports 


An  Act  to  provide  the  preservation  of   the  material  of  the 
Geological  Survey  of  California. 

[Approved  March  27,  1874.     Stats.  1873-4:694.] 

SECTION  1.  It  shall  be  the  duty  of  the  State  Geologist 
to  deliver  to  the  President  of  the  University  of  California, 
at  Berkeley,  in  this  State,  all  instruments,  accoutrements, 
furniture,  property,  maps,  books,  drawings,  manuscripts, 
notes,  engravings,  lithographic  stones,  wood  cuts,  field 
notes,  and  other  material  of  every  description  and  nature 
belonging  or  appertaining  to  the  Geological  Survey  of 
California;  such  surrender  and  delivery  to  be  made  without 
delay. 

SEC.  2.  The  Regents  of  the  University  of  California 
shall  safely  keep  and  preserve,  at  the  said  University,  all 
the  property  and  material  referred  to  in  section  one  of  this 
Act,  until  such  time  as  the  Legislature  may  direct  other- 
wise. 

SEC.  3.  The  sum  of  five  thousand  dollars  is  hereby 
appropriated  out  of  any  money  in  the  General  Fund  not 
otherwise  appropriated,  to  pay  the  necessary  cost  of  arrang- 
ing, packing,  transporting,  and  delivering  the  said  prop- 
erty and  material;  and  the  Controller  shall  draw  his 
warrant  or  warrants  for  such  purpose,  not  to  exceed  said 
sum  of  five  thousand  dollars,  when  directed  to  do  so  by 
the  State  Board  of  Examiners,  and  the  Treasurer  shall  pay 
the  same. 

SEC.  4.  The  Regents  of  said  University  shall  keep  on 
hand  and  offer  for  sale  all  volumes  of  reports  and  maps 
published  by  said  Geological  Survey;  they  may  also,  as 
soon  as  the  present  supply  of  reports  and  maps  is  ex- 
hausted, cause  any  portion  of  the  same  to  be  republished 
and  sold  at  the  prices  now  provided  or  that  may  hereafter 
be  provided  by  law;  provided,  that  said  republication  shall 
be  done  without  cost  to  the  State;  provided  further,  that 


REGENTS'  MANUAL.  103 

the  proceeds  of  the  sale  of  such  maps  and  reports,  over  and 
above  the  cost  of  publication,  shall  be  paid  into  the  State 
Treasurer  and  by  him  credited  to  the  School  Fund  of  the 
State. 

SEC.  5.     This  Act  shall  take  effect  immediately. 

Code  Sections. 

POL.  C.  SEC.  550.  The  geological  and  other  specimens 
collected  by  the  State  Geological  Survey,  must,  excepting 
such  as  may  be  required  by  the  State  Geologist  to  aid  in 
the  preparation  of  his  reports,  be  delivered  over  to  the 
Regents  of  the  State  University,  to  be  by  them  deposited  in 
the  cabinet  of  the  same  as  the  property  of  the  University. 

POL.  C.  SEC.  2242.  The  State  Geologist  and  Regents  of 
the  University  may  make  up  from  duplicate  specimens 
under  their  control,  a  geological  cabinet  for  the  use  of  the 
Asylum. 

The  reference  is  to  the  Deaf,  Dumb  and  Blind  Asylum. 
See  Sec.  24,  Organic  Act,  page  45. 


CHAPTER   X. 
GIFTS,     DEVISES    AND    BEQUESTS. 

CIVIL  C.  SEC.  1313.     No  estate,  real  or  personal,  shall  University 
be  bequeathed  or  devised  to  any  charitable  or  benevolent  sub'ect  to 

restriction  in 

society,  or  corporation,  or  to  any  person  or  persons  in  trust  devise 
for  charitable  uses,  except  the  same  be  done  by  will  duly 
executed  at  least  thirty  days  before  the  decease  of  the  testa- 
tor; and  if  so  made,  at  least  thirty  days  prior  to  such  death, 
such  devise  or  legacy,  and  each  of  them  shall  be  valid;  pro- 
vided, that  no  such  devises  or  bequests  shall  collectively 
exceed  one-third  of  the  estate  of  the  testator  leaving  legal 
heirs,  and  in  such  case  a  pro  rata  deduction  from  such 
devises  or  bequests  shall  be  made  so  as  to  reduce  the  aggre- 


104  UNIVERSITY' OF  CALIFORNIA. 

gate  thereof  to  one-third  of  such  estate;  and  all  disposi- 
tions of  property  made  contrary  hereto  shall  be  void,  and 
go  to  the  residuary  legatee  or  devisee,  next  of  kin,  or  heirs 
according  to  law.  .  [En.  Stats.  1873-4:275.] 

The  University,  while  a  governmental  institution  and  an  instru- 
mentality of  the  State,  is  not  clothed  with  the  sovereignty  of  the 
State,  and  is  not  the  sovereign  and  does  not  come  within  the  rule 
exempting  the  sovereign  from  the  operation  of  statutes  affecting  its 
interests  or  rights.  The  above  section,  therefore,  limiting  certain 
devises  to  one-third  of  the  estate  of  the  testator,  applies  to  the  Uni 
versity  as  a  public  corporation. 

Estate  of  Koyer,  123  Cal.  615. 

University  CIVIL  C.  SEC.  1275.  A  testamentary  disposition  maybe 
may  take  by  ma(je  £o  any  person  capable  by  law  of  taking  the  property  so 
disposed  of,  except  corporations  other  than  those  formed 
for  scientific,  literary,  or  solely  educational  or  hospital  pur- 
poses, cannot  take  under  a  will,  unless  expressly  author- 
ized by  statute.  [Am.  March  20,  1903.] 

The  University  is  a  public  corporation  "formed  for  scientific,  liter- 
ary, or  solely  educational  purposes"  and  may  take  by  will. 
Estate  of  Royer,  123  Cal.  615. 
See  Pol.  C.  Sec.  1415,  page  42. 


CHAPTER    XI. 
HASTINGS    COLLEGE    OF    THE    LAW. 

An  Act  to  create  Hastings  College  of  the  Law,  in  the  University 
of  the  State  of  California. 

[Approved  March  26,  1878.     Stats.  1877-8:533.] 

Name  SECTION  1.  That  S.  C.  Hastings  be  authorized  to  found 

and  establish  a  Law  College,  to  be  forever  known  and  des- 
ignated as  "Hastings  College  of  the  Law."  That  the 

officers        officers  of  said  College  shall  be  a  Dean,   Registrar,   and 


REGENTS1  MANUAL.  105 

eight  (8)  Directors.  That  the  Directors  shall  be  Joseph  P.  Directorate 
Hoge,  W.  W.  Cope,  Delos  Lake,  Saml.  M.  Wilson,  O.  P. 
Evans,  Thos.  B.  Bishop,  John  R.  Sharpstein,  and 
Thos.  I.  Bergin,  of  the  Bar  Association  of  the  City  of 
San  Francisco,  who  shall,  when  vacancies  occur,  fill  the 
same  from  members  of  said  association  or  otherwise,  and 
shall  always  provide  for  filling  a  vacancy  with  some  heir 
or  some  representative  of  the  said  S.  C.  Hastings.  That 
the  Dean  and  Registrar  shall  be  appointed  by  the  Direct- 
ors. 

SEC.  2.     Said  College  shall  affiliate  with  the  University  Affiliation  with 
of  the  State  upon  such  terms  as  shall  be  for  the  welfare  of  University 
the  College  and  University,  and  shall  be  the  Law  Depart- 
ment of  the  University. 

SEC.    3.     The   faculty   of    the    University    shall   grant  Diplomas 
diplomas  to  the  students  of  the  College,  and  the  President 
shall  sign  and  issue  the  diplomas. 

SEC.    4.     There  shall  be  set  apart  for  the  use   of  the 
students  of  the  College,  some  room  or  suitable  hall  at  the   Room 
University,  and  the  Board  of  Supervisors  of  the  City  of 
San  Francisco  is  authorized  to  supply  a   suitable  hall  in 
the  City  of  San  Francisco  for  the  students  and  Directors. 

SEC.  5.     The  Dean  of  said  College  shall  be  ex  officio  of  Dean 
the  Faculty  of  the  University,  to  be  designated  as  such  by 
the  Directors  of  the  College. 

SEC.  6.     The  diploma  of  the  students  shall  entitle  the  Licence  to 
student  to  whom  it  is  issued  to  a  license  to  practice  in  all  Practice 
Courts  of  this  State,  subject  to  right  of  the  Chief  Justice 
of  the  State  to  order  an  examination,  as  in  ordinary  cases 
of  applicants  without  such  diploma. 


106 


UNIVERSITY  OF  CALIFORNIA. 


Conditioned  SEC.  7.     This  Act  is  passed  upon  the  condition  that  said 

on  endowment    g   c    Hastings  shall  pay  into  the  State  Treasury  the  sum  of 

one  hundred  thousand  dollars,  and  is  never  to  be  refunded, 

except  as  hereinafter  provided. 

Seven  per  cent.        SEC.  8.     The  sum  of  seven  per  cent,  per  annum  upon 

interest  Qne    hundre(J    ($100,000)    thousand    dollars    is    to    be    appro- 

guaranteed 

priated  by  the  State  and  paid  in  two  semi-annual  payments 
to  the  Directors  of  the  College. 

students  SEC.  9.     The  business  of  the  College  shall  be  to  afford 

facilities  for  the  acquisition  of  legal  learning  in  all 
branches  of  the  law,  and  to  this  end  shall  establish  a  cur- 
riculum of  studies,  and  shall  matriculate  students  who 
may  reside  at  the  University  of  the  State  as  well  as  stu- 
dents residing  in  other  parts  of  the  State. 

Professorships  SEC.  10.  Professorships  may  be  established  in  the 
name  of  any  founder  of  such  Professorships  who  shall  pay 
to  the  Directors  the  sum  of  thirty  ($30,000)  thousand  dollars. 


Duty  of 
Directors 


Law  Library 


Reversion  to 
founder  or 
his  heirs 


SEC.  11.  All  the  business  of  the  College  shall  be  man- 
aged by  the  Directors  without  compensation,  and  all 
acting  officers,  including  the  Dean  and  Registrar,  shall  be 
appointed  by  the  Directors  and  removed  by  them. 

SEC.  12.  The  Law  Library  Association  of  the  City  of 
San  Francisco,  shall  grant  to  the  students  the  use  of  their 
library  upon  such  terms  and  conditions  as  they  may  agree 
with  the  Directors  of  the  College. 

SEC.  13.  The  object  of  this  Act  being  to  grant  a  per- 
petual annuity  for  the  support  and  maintenance  of  said 
College,  should  the  State,  or  any  government  which  shall 
succeed  it,  fail  to  pay  the  Directors  of  said  College  the  sum 
of  seven  per  cent,  per  annum,  as  above  stipulated,  or 
should  the  College  cease  to  exist,  then  the  State,  or  its  suc- 
cessor, shall  pay  to  the  said  S.  C.  Hastings,  his  heirs  or 
legal  representatives,  the  sum  of  one  hundred  ($100,000) 


REGENTS'  MANUAL.  107 

thousand  dollars,  and  all  unexpended  accumulated  interest ; 
provided,  that  such  failure  be  not  caused  by  mistake  or 
accident,  or  omission  of  the  Legislature  to  make  the  appro- 
priation at  any  one  session. 

SEC.  14.     That  the  Chief  Justice  of  the  Supreme  Court  chief  justice 
of  the  State  (or  if  there  be  no  such  judicial  officer  of  the  l«  be  President 
State  or  Government)  shall  be  the  President  of  the  Board 
of  Directors,  five  of  whom  shall  be  a  quorum  to  transact  Quorum 
all  business. 

SEC.  15.  This  Act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

Amendments  to  this  Act  were  passed  March  3,  1883,  (Stats. 
1883:26),  and  March  18,  1885  (Stats.  1885:203).  The  Act  of  1883 
assumed  to  transfer  the  control  of  the  College  to  the  Regents  of  the 
University  and  the  Act  of  1885  assumed  to  make  another  transfer  by 
creating  a  Board  of  Trustees  for  the  College,  to  consist  of  three, 
naming  them  and  providing  for  the  appointment  of  successors. 

The  Law  College  having  affiliated  with  the  University,  had 
become  an  integral  part  thereof,  subject  to  the  same  general  provi- 
sions of  the  law  as  were  applicable  to  the  University.  The  Constitu- 
tion of  1879  (Article  IX,  Section  9)  declared  that  the  University 
should  be  continued  in  the  form  and  character  prescribed  in  the  Acts 
then  in  force,  subject  to  legislative  control  for  certain  specified 
purposes  only.  Such  being  the  case,  it  was  not  competent  for  the 
Legislature,  by  the  Act  of  March  3,  1883,  or  that  of  March  18,  1885, 
or  by  any  other  Act,  to  change  the  form  of  the  government  of  the 
University,  or  of  any  college  thereof  then  existing.  (See  above,  p.  67.) 
People  vs.  Kewen,  69  Cal.  215. 

For  these  reasons  the  subsequent  Acts  of  1883  and  1885  are  not 
printed  here. 

Female  students   are   entitled  to    admission  in    the    Law    College 
since  its  affiliation  with  the  University. 
Foltz  vs.  Hoge,  54  Cal.  28. 


108  UNIVERSITY  OF  CALIFORNIA. 

CHAPTER  XII. 
INCORPORATION. 

An  Act  to  provide  for  the  incorporation  of  such  institutions  of 
learning,  science  and  art  as  may  be  established  by  the  State. 

[Approved  March  21,  1868.     Stats.  1867-8:204.] 

Requisites  of  SECTION  1.  Whenever  the  Legislature  shall  provide  by 
certificate  enactment  for  the  creation  of  any  State  university,  college, 
academy,  or  other  State  institution  of  learning,  science  or 
art,  and  shall,  in  and  by  such  enactment,  direct  and  provide 
for  the  creation  of  a  corporation  for  such  purposes,  any 
three  of  the  persons  named  or  indicated  in  and  by  such 
enactment  as  Trustees  or  Directors  of  such  corporation 
may  unite  in  a  certificate  to  the  effect  that  they  have 
associated  themselves  together  for  the  purposes  mentioned 
in  and  by  such  enactment,  and  to  form  a  corporation  for 
such  purposes  by  the  name  and  style  designated  in  and  by 
such  enactment.  The  execution  of  such  certificate  shall  be 
acknowledged  before,  and  certified  by,  the  Secretary  of 
State  or  any  Notary  Public,  and  said  certificate  thereupon 
filed  in  the  office  of  the  Secretary  of  State;  and  thereupon 
the  persons  named  therein,  their  associates  and  successors, 
shall  become  a  corporation  under  the  name  and  style 
designated  in  and  by  such  enactment. 

SEC.  2.     Every  such  corporation,   as  such,   shall  have 
power : 

Powers  of          First — To  have  succession  by  its  corporate  name  for  the 
corporation  perjo(j  limited;  and  where  no  period  is  limited,  perpetually. 

Second — To  sue  and  be  sued  in  any  Court. 

Third — To  make  and  use  a  common  seal,  and  alter  the 
same  at  pleasure. 


REGENTS1  MANUAL.  109 

Fourth — To  hold,  purchase  and  convey  such  real  and 
personal  estate  as  the  purposes  of  the  corporation  shall 
require,  not  exceeding  the  amount  limited  by  law. 

Fifth— To  make  by-laws,  not  inconsistent  with  any 
existing  law,  for  the  management  of  its  property  and  the 
regulation  of  its  affairs. 

SEC.  3.  In  addition  to  the  powers  enumerated  in  the  Limitation 
preceding  section,  no  such  corporation  shall  possess  or 
exercise  any  corporate  powers  except  such  as  shall  be 
necessary  to  the  exercise  of  the  powers  so  enumerated  and 
given,  and  such  further  powers  as  may  be  enumerated  and 
given  in  and  by  the  enactment  providing  for  the  creation 
of  the  institution  so  incorporated;  and  any  and  all  provi- 
sions of  such  enactment  specially  limiting  the  powers  of 
such  corporation  shall  be  binding  upon  the  same. 

SEC.  4.  This  Act  shall  take  effect  from  and  after  its 
passage. 

This  is  the  Act  under  which  the  Regents  incorporated.  It  has 
been  repealed  by  Section  288  of  the  Civil  Code,  but  the  repeal  effected 
by  that  section  related  only  to  corporations  formed  after  the  Civil 
Code  went  into  effect. 

Estate  of  Eastman,  60  Cal.  309. 
Murphy  vs.  Pac.  Bank,  119  Cal.  334. 

Code  Section. 

CIVIL  C.  288.     No  corporation  formed  or  existing  before   Repeal  and 
twelve  o'clock  noon,  of  the  day  upon  which  this  code  takes  excePtion 
effect,  is  affected  by  the  provisions  of  part  fourth,  of  division 
first  of  this  code,  unless  such  corporation  elects  to  continue 
its  existence  under  it  as  provided  in  section  287 ;  but  the  laws 
under  which  such  corporations  were  formed  and  exist  are 
applicable  to  all  such  corporations,  and  are  repealed,  sub- 
ject to  the  provisions  of  this  section.    [En.  March  21,  1872.] 


110  UNIVERSITY  OF  CALIFORNIA. 


CHAPTER  XIII. 
LICK    OBSERVATORY. 

An  Act  granting  a  site  for  an  Observatory  to  the  Trustees  of 
the  Lick  Observatory  of  the  Astronomical  Department  of 
the  University  of  California. 

[Approved  June  7,  1876.     19  U.  S.  Stats,  at  Large  57.] 

Grant  of  Site  Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled, 
That,  whereas,  James  Lick,  of  San  Francisco,  California, 
has,  by  deed  of  trust,  given  a  large  sum  of  money  for  the 
erection  and  equipment  of  an  observatory,  dedicating  the 
same  to  the  Astronomical  Department  of  the  University  of 
California  for  scientific  and  educational  purposes,  and  has 
selected  Mount  Hamilton,  in  the  County  of  Santa  Clara, 
the  State  of  California,  as  the  site  for  said  observatory,  and 
which  is  situate  on  the  public  lands  of  the  United  States, 
in  township  seven  south,  and  range  three  east,  Mount 
Diablo  meridian,  the  following  described  land  in  said  town- 
ship is  hereby  reserved  from  sale  or  disposal  under  the 
general  laws  of  the  United  States,  to  wit,  section  nine, 
the  north  half  of  section  ten,  and  the  south  half  of  section 
three,  and  the  fractional  section  seventeen. 

SEC.  2.  That  so  much  of  said  land  as  is  not  already- 
granted  or  disposed  of  by  the  United  States,  to  wit,  sec- 
tion nine,  the  north  half  of  section  ten,  the  south  half  of 
section  three,  and  fractional  section  seventeen,  be,  and  the 
same  is  hereby,  granted  to  the  Trustees  of  the  Lick  Obser- 
vatory of  the  Astronomical  Department  of  the  University 
of  California,  with  authority  and  in  trust  to  convey  the 
same  to  the  Regents  of  the  University  of  California  and 


REGENTS1  MANUAL.  Ill 

their  successors,  in  trust,  for  the  use  and  benefit  of  the 
Astronomical  Department  of  the  University  of  California; 
provided,  that  if  the  land  herein  granted  shall  be  used  for 
any  other  purpose  than  the  site  of  said  observatory,  and  Reversion 
the  necessary  purposes  in  connection  therewith,  the  same 
shall  revert  to  the  United  States. 

An  Act  to  set  apart  a  tract  of  land  in  the  State  of  California 
for  the  use  of  the  Lick  Observatory  of  the  astronomical 
department  of  the  University  of  California. 

[Approved  March  25,  1892.     27  U.  S.  Stats,  at  Large  11.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the    United  States  of  America  in   Congress  assembled, 
That  the  following  described  land  in  township  numbered  Additional 
seven  south  and  range  three  east,  Mount  Diablo  meridian,   Krantofsite 
is  hereby  reserved  from  sale  or  disposal  under  the  general 
laws  of  the  United  States,  to  wit,  the  northwest  quarter 
of  section  three,  the  east  half  of  section  four,  the  north- 
west quarter  of  section  four,  the  northwest  quarter  of  the 
southwest  quarter  of  section  four. 

SEC.  2.  That  in  addition  to  any  lands  heretofore 
granted  to  the  Lick  Observatory  of  the  astronomical 
department  of  the  University  of  California,  so  much  of 
said  land  as  is  not  already  granted  or  disposed  of  by  the 
United  States,  to  wit,  the  northwest  quarter  of  section 
three,  the  east  half  of  section  four,  the  northwest  quarter 
of  section  four,  the  northwest  quarter  of  the  southwest 
quarter  of  section  four,  be,  and  the  same  is  hereby,  granted 
to  the  regents  of  the  University  of  California,  and  their 
successors,  in  trust,  for  the  use  and  benefit  of  the  astron- 
omical department  of  the  University  of  California:  Pro- 
vided, that  if  the  land  herein  granted  shall  be  used  for  any 
other  purpose  than  the  site  of  said  observatory  and  the  Reversion 
necessary  purposes  in  connection  therewith,  the  same  shall 
revert  to  the  United  States. 

REGENTS'  MANUAL— 8 


112  UNIVERSITY  OF  CALIFORNIA. 

CHAPTER    XIV. 
MEDICAL     DEPARTMENT. 

An  Act  concerning  the  Medical  Department  of  the  University 
of  California. 

[Approved  March  3,  1881.     Stats  1881:24.] 

ineffective  SECTION  1.     The  Medical  Department  of  the  University 

change  of  name  Qf  California  shall  hereafter  be  known  and  designated  as 
the  "Toland"  Medical  Department  of  the  University  of 
California,  and  all  degrees,  diplomas,  scholarships,  and 
records  of  the  said  department  shall  be  made  out,  and  all 
proceedings  in  connection  therewith,  shall  .be  conducted 
in  and  by  such  name  and  designation. 

SEC.  2.     This  Act  shall  take  effect  from  and  after  its 
passage. 

This    Act    is    unconstitutional   according  to    the  reasoning  of  the 
Supreme  Court  in 

People  vs.  Kewen,  69  Cal.  215, 

involving  legislation  concerning  the  Hastings  College  of  the  Law  sub- 
sequent to  its  affiliation  and  the  adoption  of  Art.  IX  sec.  9  of  the 
Constitution  of  1879. 

The  Law  Committee  of  the  Regents  has  reported  as  follows: 
The  following  question  was  referred  to  this  committee :  Is  the 
legal  title  to  the  Medical  Department  of  the  University  that  desig- 
nated in  the  Act  of  the  Legislature  of  March  1,  1881,  "Toland  Medi- 
cal Department  of  the  University  of  California?"  This  department 
was  established  April  1,  1873.  Before  that  the  transfer  of  the  Toland 
Medical  College  property  had  been  delivered.  On  that  day  the 
Regents  adopted  the  following  resolutions:  "Resolved,  That  a  col- 
lege is  hereby  created  and  organized  which  shall  be  known 
and  designated  as  the  Medical  Department  of  the  University  of 
California;"  and  thereupon  the  professors  (including  Dr.  H.  H. 
Toland)  of  the  Toland  Medical  College,  were  elected  to  and 
accepted  "chairs  in  the  Medical  Department  of  the  University."  No 


REGENTS'  MANUAL.  115 

change  in  the  name  of  the  college  has  been  made  by  the  Regents. 
The  donation  to  the  Regents  was  unconditional,  and  did  not  designate 
the  name  of  the  department,  and  they  had  authority  to  establish  and 
designate  such  name.  On  January  1,  1880,  the  new  constitution  went 
into  effect.  It  included  the  following  provisions:  "Article  IX,  Sec- 
tion 9.  The  University  of  California  shall  constitute  a  public  trust, 
and  the  organization  and  government  shall  be  perpetually  continued 
in  form  and  character  prescribed  by  the  Organic  Act  creating  the 
same,  passed  March  23,  1868  (and  the  several  Acts  amendatory 
thereof),  subject  only  to  such  legislative  control  as  may  be  necessary 
to  insure  compliance  with  the  terms  of  its  endowments  and  the  proper 
investment  and  security  of  its  funds."  It  will  be  seen  that  at  the 
time  of  the  passage  of  the  Act  of  March  1,  1881,  directing  change  of 
name,  the  legislative  control  was  limited  (so  far  as  considered  here) 
to  such  matters  only  "  as  may  be  necessary  to  insure  compliance  with 
the  terms  of  its  endowments"  and  securing  its  funds.  The  control  of 
the  college  funds  is  not  involved  in  the  name  of  a  college,  and,  as 
stated  above,  the  endowment  was  unconditional  and  did  not  designate 
the  name  of  the  department.  The  Act  is,  therefore,  void.  Conse- 
quently we  answer  that  the  legal  title  of  the  Medical  Department  is 
not  the  "Toland  Medical  Department  of  the  University  of  California," 
but  is  the  "Medical  Department  of  the  University  of  California." 
[Report  adopted,  May  14,  1889.] 

SECRETARY'S  REPORT  1889:  50. 


CHAPTER  XV. 
MILE     LIMIT    LIQUOR     LAW. 

PENAL  CODE,  SEC.  172.  Every  person  who,  within  two  violations 
miles  of  the  land  belonging  to  this  State  upon  which  any 
State  Prison  or  reformatory  is  situated,  or  within  one  mile 
of  the  grounds  belonging  and  adjacent  to  the  University  of 
California,  or  within  one  and  one-half  miles  of  the  lands 
occupied  by  any  home,  retreat,  or  asylum,  for  disabled 
volunteer  soldiers  or  sailors  established  or  to  be  established 
by  this  State  or  by  the  United  States  within  this  State,  or 
within  the  State  Capitol,  or  within  the  limits  of  the  grounds 


114 


UNIVERSITY  OF  CALIFORNIA. 


adjacent  and  belonging  thereto,  sells,  gives  away,  or  exposes 
for  sale,  any  vinous  or  alcoholic  liquors,  is  guilty  of  a 
misdemeanor. 

This  section,  amended  April  3,  1876,  and  March  16,  1901,  supersedes 
the  Act  of  December  23,  1873,  Stats.  1873-4:12  which  fixed  the  limit 
at  two  miles  and  provided  a  different  penalty. 

This  law  is  constitutional. 

The  Legislature  has  power  to  pass  such  an  Act  under  the  general 
authority  to  provide  for  the  promotion,  regulation,  and  preservation 
of  the  morals,  health,  and  prosperity  and  general  well  being  of  the 
People  of  the  State. 

Ex  parte  McClain,  61  Cal.  436. 


CHAPTER    XVI. 


Duties  of  the 
Governor 


Governor  may 
issue  arms 


University 
Cadets 


Officers 


MILITARY    SCIENCE    AND    DETAIL    OF    OFFICERS. 

Provisions  of  the  Political  Code. 

POL.  C.  SF.C.  380.  In  addition  to  those  prescribed  by  the 
Constitution  the  Governor  has  the  power  and  must  perform 
the  duties  prescribed  in  this  and  the  following  sections: 

14.  He  may  issue  arms  and  accoutrements  for  the  use  of 
colleges. 

POL.  C.  SEC.  1473.  The  students  of  the  University 
must  be  organized  into  a  body  known  as  the  "  University 
Cadets." 

POL.  C.  SEC.  1474.  The  officers  of  Cadets,  between  and 
including  the  ranks  of  Second  Lieutenant  and  Colonel, 
must  be  selected  by  the  Chief  Military  Instructor,  with  the 
assent  of  the  President  of  the  University,  and  must  be  com- 
missioned by  the  Governor. 


REGENTS'  MANUAL. 


115 


POL.  C.  SEC.  1475.     The  Adjutant-  General  of  the  State  Adjutant- 


must  issue  such  arms,  munitions,  accouterments,  and  equip-   General 

issue  arms,  etc. 

ments  to  the  University  Cadets  as  the  Board  of  Regents 
may  require  and  the  Governor  approve. 

POL.  C.  SEC.  1476.     Upon  graduating  or  retiring  from  officers  may 
the  University,  such  officers  may  resign  their  commissions  resign 
or  hold  the  same  as  retired  officers  of  the  University  Cadets, 
liable  to  be  called  into  service  by  the  Governor  in  case  of 
war,  invasion,  insurrection,  or  rebellion. 

POL.  C.  SEC.  1477.     The  military  instructor  must  make   Reports 
quarterly  reports  to   the  Adjutant-  General   of   the   State, 
showing  the  number,   discipline,  and   equipments  of   the 
Cadets. 

Section  1473-1477  are  based  on  an  Act  approved  March  4,  1870, 
Statutes  1870-1:119,  repealed  by  the  inclusive  terms  of  Sec.  18, 
Pol.  C.  The  last  section  of  that  Act  is  given  here  for  its  historical 
interest:  It  is  not  the  intent  of  this  law  to  lessen,  encroach  upon,  or 
retard  the  academic  and  scientific  courses  provided  for  in  said  Uni- 
versity, but  to  secure  a  system  of  physical  training,  with  habits  of 
order  and  discipline,  in  aid  of  mental  and  moral  advancement. 

See  also  Organic  Act,  Section  6,  page  20. 

[Act  of  Feb.  27,  1877.    19  U.  S.  Stats,  at  Large  242.] 

Any  retired  officer   may,   on    his   own    application,  be   Retired  officer 
detailed  to  serve  as  professor  in  any  college;  but  while  so  may  be  detailed 
serving,  such  officer  shall  be  allowed  no  additional  compen- 
sation. *  *  * 


An  Act  to  promote  a  knowledge  of  Steam-Engineering  and  Iron- 
ship  Building  among  the  students  of  scientific  schools  or 
colleges  in  the  United  States. 

[Approved  February  26,  1879.     20  U.  S.  Stats,  at  Large,  p.  322.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives   Detail  for 
of  the    United  States  of  America  in   Congress  assembled,   Jt^ctlon  in 
That   the   purpose   of  promoting   a   knowledge  of  steam-   Engineering 


116  UNIVERSITY  OF  CALIFORNIA. 

engineering  and  iron- ship  building  among  the  young  men 
of  the  United  States,  the  President  may,  upon  the  applica- 
tion of  an  established  scientific  school  or  college  within  the 
United  States,  detail  an  officer  from  the  Engineer  Corps  of 
the  Navy  as  professor  in  such  school  or  college:  provided, 
that  the  number  of  officers  so  detailed  shall  not  at  any 
time  exceed  twenty-five,  and  such  detail  shall  be  governed 
by  rules  to  be  prescribed  from  time  to  time  by  the  Presi- 
dent: and  provided  further ,  that  such  details  may  be  with- 
held or  withdrawn  whenever,  in  the  judgment  of  the 
President,  the  interests  of  the  public  service  shall  so 
require. 

[Act  of  May  4,  1880,  21  U.  S.  Stats,  at  Large  113.] 

Detail  of  retired  That  upon  the  application  of  any  college,  university  or 
institution  of  learning  incorporated  under  the  laws  of  any 
State  within  the  United  States,  having  capacity  at  the  same 
time  to  educate  not  less  than  one  hundred  and  fifty  male 
students,  the  President  may  detail  an  officer  of  the  Army 
on  the  retired  list  to  act  as  president,  superintendent,  or 
professor  thereof;  and  such  officer  may  receive  from  the 
institution  to  which  he  may  be  detailed  the  difference 
between  his  retired  and  full  pay,  and  shall  not  receive  any 
additional  pay  or  allowance  from  the  United  States. 

An  Act  to  amend  section  twelve  hundred  and  twenty-five  of  the 
Revised  Statutes,  concerning  details  of  officers  of  the  army 
and  navy  to  educational  institutions,  and  so  forth. 

[Approved  September  26,  1888.     25  U.  S.  Stats,  at  Large  491.] 

Officers  may  SECTION  1225.     The  President  may,  upon  the  applica- 

be  detailed,         tjon   of   any   established   militarv  institute,   seminary,   or 

on  application 

academy,  college,  or  university,  within  the  United  States, 
having  capacity  to  educate  at  the  same  time  not  less  than 
one  hundred  and  fifty  male  students,  detail  an  officer  of 
the  army  or  navy  to  act  as  superintendent,  or  professor 


REGENTS'  MANUAL.  117 

thereof;   but  the  number  of  officers  so  detailed  shall  not  Number  of 
exceed  fifty  from  the  army,  and  ten  from  the  navy,  being  a  officers     . 
maximum  of  sixty,  at  any  time,  and  they  shall  be  appor- 
tioned throughout  the  United  States,  first,  to  those  State 
institutions  applying  for  such  detail  that  are  required  to 
provide  instruction  in  military  tactics  under  fhe  provisions 
of  the  Act  of  Congress  of  July  second,  eighteen  hundred 
and  sixty-two,   donating   lands  for   the   establishment   of 
colleges  where   the   leading  object  shall    be  the  practical  Certain  colleges 
instruction  of  the  industrial  classes  in  agriculture,  and  the  Preferred 
mechanic  arts,  including  military  tactics;   and  after  that, 
said  details  to  be  distributed,  as  nearly  as  may  be  practic- 
able, according  to  population.     The  Secretary  of  War  is 
authorized  to   issue,  at   his  discretion  and  under   proper 
regulations  to  be  prescribed  by  him,  out  of  ordnance  and 
ordnance  stores,  belonging  to  the  Government,  and  which  Ordnance  and 
can  be  spared  for  that  purpose,  such  number  of  the  same  storesmfy 

be  issued 

as  may  appear  to  be  required  for  military  instruction  and 
practice  by  the  students  of  any  college  or  university  under 
the  provisions  of  this  section,  and  the  Secretary  shall 
require  a  bond  in  each  case,  in  double  the  value  of  prop-  Bond  required 
erty,  for  the  care  and  safe  keeping  thereof,  and  for  the 
return  of  the  same  when  required;  provided,  that  nothing 
in  this  Act  shall  be  so  construed  as  to  prevent  the  detail 
of  officers  of  the  Engineer  Corps  of  the  Navy  as  professors 
in  scientific  schools  or  colleges  as  now  provided  by  Act  of 
Congress  approved  February  twenty- sixth,  eighteen  hun- 
dred and  seventy-nine,  entitled  "An  Act  to  promote  a 
knowledge  of  steam-engineering  and  iron-ship  building 
among  the  students  of  scientific  schools  or  colleges  in  the 
United  States;"  and  the  Secretary  of  War  is  hereby  auth- 
orized to  issue  ordnance  and  ordnance  stores  belonging  to 
the  Government  on  the  terms  and  conditions  hereinbefore 
provided  to  any  college  or  university  at  which  a  retired 
officer  of  the  army  may  be  assigned  as  provided  by  section 
twelve  hundred  and  sixty  of  the  Revised  Statutes. 


118  UNIVERSITY  OF  CALIFORNIA. 

SEC.  2.  That  the  said  section  twelve  hundred  and 
twenty-five  of  the  Revised  Statutes  of  the  United  States, 
as  amended  by  the  said  Act  of  Congress  approved  July 
fifth,  eighteen  hundred  and  eighty- four,  and  all  Acts  and 
parts  of  Acts  inconsistent  or  in  conflict  with  the  provisions 
of  this  Act,  b*e  and  the  same  are  hereby  repealed,  saving 
always,  however,  all  acts  and  things  done  under  the  said 
amended  section  as  heretofore  existing. 

The  regulations,  in  regard  to  the  detail  of  officers  of  the  army  at 
established  colleges  and  universities  within  the  United  States,  are 
prescribed  by  the  President,  under  the  above  law,  and  are  contained 
in  a  pamphlet  issued  by  the  Secretary  of  War.  They  are  omitted  here 
on  account  of  their  length  and  technical  character. 

An  Act  to  amend  section  twelve  hundred  and  twenty-five  of  the 
Revised  Statutes,  concerning  details  of  officers  of  the  Army 
and  Navy  to  educational  institutions. 

[Approved  January  13,  1891.      26  U.  S.  Stats,  at  Large  716.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the    United   States   of  America   in    Congress  assembled, 
That  section  twelve  hundred  and  twenty-five  of  the  Revised 
Statutes,  concerning  details  of  officers  of  the  Army  and 
Navy   to   educational   institutions,    be,    and   the    same    is 
hereby,  amended  so  as  to  permit  the  President  to  detail, 
under  the  provisions  of  said  Act,  not  to  exceed  seventy- 
five  officers  of  the  Army  of  the  United    States;   and  the 
Number  of     maximum  number  of  officers  of  the  Army  and  Navy  to  be 
officers         detailed  at  any  one  time  under  the  provisions  of  the  Act 

increased 

passed  September  twenty-sixth,  eighteen  hundred  and 
eighty-eight,  amending  said  section  twelve  hundred  and 
twenty- five  of  the  Revised  Statutes,  is  hereby  increased  to 
eighty-five:  Provided,  That  no  officer  shall  be  detailed  to 
or  maintained  at  any  of  the  educational  institutions  men- 
tioned in  said  Act  where  instruction  and  drill  in  military 
tactics  is  not  given;  provided  further,  that  nothing  in  this 
Act  shall  be  so  construed  as  to  prevent  the  detail  of 


REGENTS'  MANUAL.  119 

officers  of  the  Engineer  Corps  of  the  Navy  as  professors  in 
scientific  schools  or  colleges  as  now  provided  by  Act  of 
Congress  approved  February  twenty- sixth,  eighteen  hun- 
dred and  seventy-nine,  entitled  "An  Act  to  promote  a 
knowledge  of  steam-engineering  and  iron-ship  building 
among  the  students  of  scientific  schools  or  colleges  in  the 
United  States." 

An  Act  to  increase  the  number  of  officers  of  the  Army  to  be 
detailed  to  colleges. 

[Approved  November  3,  1893.      28  U.  S.  Stats,  at  Large  7.] 
Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the    United    States  of  America  in   Congress  assembled, 
That  section  twelve  hundred  and  twenty-five  of  the  Revised  Number  again 
Statutes,   concerning  details  of  officers  of  the  Army  and  mcreased 
Navy   to   educational   institutions,    be,    and   the   same   is 
hereby,  amended  so  as  to  permit  the  President  to  detail 
under  the  provisions  of  said  Act  not  to  exceed  one  hundred 
officers  of  the  Army  of  the  United  States;   and  no  officer 
shall  be  thus  detailed  who  has  not  had  five  years'  service  Detail  not  to 
in  the  Army  and  no  detail  to  such  duty  shall  extend  for  excee? four 

years  trme 

more  than  four  years  and  officers  on  the  retired  list  of  the 
Army  may  upon  their  own  application  be  detailed  to  such 
duty  and  when  so  detailed  shall  receive  the  full  pay  of  their 
rank;  and  the  maximum  number  of  officers  of  the  Army 
and  Navy  to  be  detailed  at  any  one  time  under  the  provi- 
sions of  the  Act  approved  January  thirteenth,  eighteen 
hundred  and  ninety-one,  amending  section  twelve  hundred 
and  twenty-five  of  the  Revised  Statutes  as  amended  by  an 
Act  approved  September  twenty-sixth,  eighteen  hundred 
and  eighty-eight,  is  hereby  increased  to  one  hundred  and 
ten. 

[Act  of  August  6,  1884.    28  U.  S.  Stats,  at  Large  235.] 

*  *  That  nothing  in  the  Act  entitled  "An  Act  to  increase  NO  restriction 
the  number  of  officers  of  the  Army  to  be  detailed  to  col-  "enti^dm0bf"c°efrs 
leges,"  approved  November  third,  eighteen  hundred  and  of  army, 


120  UNIVERSITY  OF  CALIFORNIA. 

ninety-three,  shall  be  so  constructed  as  to  prevent,  limit, 
or  restrict  the  detail  of  retired  officers  of  the  Army  at  insti- 
tutions of  learning  under  the  provisions  of  section  twelve 
hundred  and  sixty,  Revised  Statutes,  and  the  Act  making 
appropriations  for  the  support  of  the  Army,  and  so  forth, 
approved  May  fourth,  eighteen  hundred  and  eighty,  nor  to 
forbid  the  issue  of  ordinance  and  ordinance  stores,  as  pro- 
vided in  the  Act  approved  September  twenty-sixth,  eighteen 
hundred  and  eighty-eight,  amending  section  twelve  hun- 
dred and  twenty-five,  Revised  Statutes,  to  the  institutions 
at  which  retired  officers  may  be  so  detailed;  and  said  Act 
of  November  third,  eighteen  hundred  and  ninety- three,  and 
said  Act  of  May  fourth,  eighteen  hundred  and  eighty,  shall 
not  be  construed  to  allow  the  full  pay  of  their  rank  to 
retired  officers  detailed  under  said  section  twelve  hundred 
and  sixty,  Revised  Statutes,  and  said  Act  of  May  fourth, 
eighteen  hundred  and  eighty. 

An  Act  to  amend  section  twelve  hundred  and  twenty-five  of 
Revised  Statutes  so  as  to  provide  for  detail  of  retired  officers 
of  the  Army  and  Navy  to  assist  in  Military  instruction  in 
Schools. 

[Act  of  Feb.  26,  1901.     31  U.  S.  Stats,  at  Large  810.] 

Whereas  The  national  defense  must  depend  upon  the 
volunteer  service  of  the  people  of  the  several  States;  and 

Whereas  Those  schools  which  shall  adopt  a  system  of 
military  instruction  are  entitled  to  the  assistance  of  the 
Government  in  order  to  secure  to  the  United  States  such  a 
knowledge  of  militarj7  affairs  among  the  youth  of  the  coun- 
try as  will  render  them  efficient  as  volunteers  if  called  upon 
for  the  national  defense:  therefore, 

Be  it  enacted,  etc.,  That  section  twelve  hundred  and 
twenty-five  of  the  Revised  Statutes,  concerning  the  detail 
of  officers  of  the  Army  and  Navy  to  educational  institutions 
be,  and  the  same  is  hereby,  amended  so  as  to  permit  the 
President  to  detail  under  the  provisions  of  that  Act,  and 


REGENTS'  MANUAL.  121 

in  addition  to  the  detail  of  the  officers  of  the  Army 
and  Navy  now  authorized  to  be  detailed  under  the  existing  or  navy 
provisions  of  said  Act,  such  retired  officers  of  the  Array 
and  Navy  of  the  United  States  as  in  his  judgment  may  be 
required  for  that  purpose,  to  act  as  instructors  in  military 
drill  and  tactics  in  schools  in  the  United  States,  where  such 
instruction  shall  have  been  authorized  by  the  educational 
authorities  thereof,  and  where  the  services  of  such 
instructors  shall  have  been  applied  for  by  said  authorities. 

SEC.  2.     That  no  detail  shall  be  made  under  this  Act  to  Cost  of 
any  school  unless  it  shall  pay  the  cost  of  commutation  of  COI"mutat'on 

and  extra-duty 

quarters  of   the   retired   officers   detailed   thereto  and  the  pay  to  be  upon 

extra-duty  pay  to  which  the  latter  may  be  entitled  by  law  Colle8e 

to  receive  for  the  performance  of  special  duty;  provided, 

That  no  detail  shall  be  made  under  the  provisions  of  this 

Act,  unless  the  officers  to  be  detailed  are  willing  to  accept 

such  position  without  compensation  from  the  Government 

other  than  their  retired  pay. 

SEC.  3.     That  the    Secretary  of    War  is    authorized   to 
issue  at  his  discretion  and  under  proper  regulations  to  be 
prescribed  by  him,  out  of  ordnance  and  ordnance    stores   Further 
belonging  to  the  Government,  and  which  can  be  spared  for  issuanceof 

ordnance  and 

that  purpose,  upon  the  approval  of  the  governors  of  the  stores 
respective  States,  such  number  of  the  same  as  may  be 
required  for  military  instruction  and  practice  by  such 
school,  and  the  Secretary  shall  require  a  bond  in  each  case, 
for  double  the  value  of  the  property,  for  the  care  and  safe- 
keeping thereof,  and  for  the  return  of  same  when  required. 

[Act  of  March  2,  1895.    28  U.  S.  Stats,  at  Large  826.] 

*  *  *  Any  retired  officer  of  the  Navy  or  Marine  Corps  Detail  of 
mav.  on  his  own  application,  be  detailed  to  service  as  a  retired  Officers 

.  of  Navy  and 

teacher  or  professor  in  any  school  or  college,  but  while  so  Marine  Corps 
serving  such  officer  shall  be  allowed  no  additional  compen- 
sation. 


122 


UNIVERSITY  OF  CALIFORNIA. 


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stipulations  of  forfeiture  in 
contract  with  Florence  Crow- 
ley  for'  erection  of  Mechanics' 
Art  College  and  reappropriates 
amount  lapsed. 

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be  paid  to  Denis  Jordan  who 
built  College  of  Agriculture, 
for  losses  sustained  from  being 
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cultural College  to  plant  not 
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REGENTS'  MANUAL — 9 


128  UNIVERSITY  OF  CALIFORNIA. 


CHAPTER  XVIII. 

OFFICES    AND    OFFICERS. 

Code  Sections. 

POL.  C.  SEC.  332.    All  Officers,  Boards  of  Officers,  Com- 
missioners, Trustees,  Regents,  and  Directors,  required  by 
Reports  of      law  to  make  reports  to  the  Governor  or  Legislature,  except 
officers,  etc.,   the  Controller  of  State,  must  send  the   original   draft  of 
such  reports  to  the  Governor  before  the  fifteenth  day  of 
September,  in  the  year  eighteen  hundred  and  ninety-two, 
and  in  every  second  year  thereafter.     The    Controller  of 
State  must  send  his  report  to  the  Governor  before  the  fif- 
teenth day  of  December  in  eighteen  hundred  and  ninety- 
two,  and  in  every  second  year  thereafter. 
See  Pol.  C.  Sec.  1432,  Subd.  17,  page  39. 

POL.  C.  SEC.  333.  The  Governor  shall,  upon  receipt 
of  such  reports,  submit  the  same  to  the  State  Board  of 
Examiners,  who  shall  order  such  a  number  of  said  reports, 
to  be  printed  or  part  or  parts  of  each  report,  printed,  as  in  their  judg- 
ment will  meet  the  requipements  of  law;  provided,  that  in 
no  instance  shall  a  less  number  of  copies  be  printed  than  is 
necessary  to  furnish  at  least  ten  copies  of  each  report  to 
all  Officers,  Boards  of  Officers,  Commissioners,  Trustees, 
Regents,  and  Directors  required  by  law  to  make  reports  to 
the  Governor  or  Legislature. 

by  the  state  POL.  C.  SEC.  334.  The  Superintendent  of  State  Print- 
Printer  jng  nmst  print  such  reports,  or  such  parts  or  reports  of 
said  reports,  as  may  be  ordered  by  the  State  Board  of 
Examiners,  in  the  number  to  be  designated  by  said  board, 
before  the  first  Monday  in  December  next  after  receipt 
thereof  except  the  report  of  the  State  Controller,  which 


REGENTS'  MANUAL.  129 

shall  be  printed  before  the  fifteenth  day  of  January  after 
the  receipt  thereof,  and  distribute  the  same  in  accordance 
with  the  directions  of  the  Board  of  Examiners. 
See  Chap.  XXI,  page  134. 

POL.  C.  SEC.  343.     The  number  and  designation  of  the  Regents  not 
civil  executive  officers  are  as  follows:     *  *  *  twenty-two  officers 
Regents  of  the  University  of  California. 

This  section  was  abrogated  by  Sec.  9  Art.  IX  of  the  Constitution. 
Lundy  vs.  Delmas,  104  Cal.  655. 

POL.  C.  SEC.  380.     In   addition  to  those  prescribed  by  Governor  may 
the  Constitution,  the  Governor   has  the  power  and  must  require  special 
perform  the  duties  prescribed  in  this  and  the   following 
sections  *  *  *.     He  may  require  any  officer  or  Board  to 
make  special  reports  to  him,  upon  demand  in  writing,  *     *. 

POL.  C.  SEC.  472,  Sub.  2.     The  Attorney- General  shall  Regents  may 
have  charge,  as  attorney  of  all  legal  matters  in  which  the  have  attorney 
State  is  in  anywise  interested,  except  the  business  of  the 
Regents  of  the  University  of  California  and  of  the  State 
Harbor  Commissioners,     *     * 

POL.  C.  SEC.  707.  Those  [the  powers  and  duties]  of 
the  Regents  of  the  University  of  California  [are  as  pre- 
scribed] in  chapter  I,  of  title  III,  of  part  III.  [En.  March 
12,  1872.] 

See  page  153. 

POL.  C.  SEC.  2295.     It  is   the   duty  of   the   librarian: 

*     *     * 


8.  To  distribute  to  the  State  University,  to  the  Leland  State 
Stanford  Jr.  University,  to  each  incorporated   college  in  Junb^| 
the  State,  to  each  public  library  therein,  and  to  such  other  Library 
literary  and  scientific  institutions  therein  as  his  judgment 
may  dictate,  one  copy  each  of  all  official  State  publications, 
including  the  laws,  journals  and  appendices  of  the  Legis- 


130  UNIVERSITY  OF  CALIFORNIA. 

lature  and  to  establish  and  maintain  with  similar  public 
institutions  of  the  General  Government,  the  other  States, 
and  foreign  countries,  a  system  of  exchange  of  such  State 
publications  for  like  official  publications  and  other  valuable 
works.  The  State  librarian  is  empowered  to  make  requisi- 
tion upon  the  Secretary  of  State  for  a  sufficient  number  of 
such  State  publications,  to  enable  him  to  carry  out  the 
requirements  of  this  subdivision. 

An  Act  to  amend  an  Act  entitled  "An  Act  to  require  an  inven- 
tory of  the  State  and  County  property,  and  directing  that  a 
record  of  the  same  be  kept,"  approved  February  9,  1897. 

[Became    a  law  under    constitutional    provision    without    Governor's 
approval,  March  5,  1901.     Stats.  1901:93.] 

Section  one  of  an  Act  entitled  "An  Act  to  require  an 
inventory  of  the  State  and  County  property,  and  directing 
that  a  record  of  the  same  be  kept,"  approved  February 
ninth,  one  thousand,  eight  hundred  and  ninety-seven,  be 
and  the  same  is  hereby  amended  so  as  to  read  as  follows: 

SECTION  1 .     It  shall  be  the  duty  of  all  State  officers, 

boards,  and  commissions  of  every  kind  having  in  charge 

inventory  of     property  belonging  to  the  State    to    make   an   inventory 

property  to  be    thereof  within  ninety  days  from  and  after  the  passage  of 

filed  by  State 

Boards  this  Act,   and  also  on  or   before    the    thirty-first  day  of 

December,  one  thousand  eight  hundred  and  ninety-eight, 
and  annually  thereafter,  of  all  property  purchased  with 
State  money  and  in  their  keeping.  The  report  of  said 
inventory  shall,  under  oath,  be  made  to  the  State  Board  of 
Examiners,  and  said  inventory  shall  be  recorded  by  said 
Board  of  Examiners,  in  a  book  prepared  for  that  purpose. 
Any  State  officer  or  clerk  or  member  of  any  board  or  com- 
mission of  any  kind  having  in  charge  property  belonging  to 
the  State  who  fails  to  make  the  inventory  herein  provided 
for  within  the  time  limited,  shall,  upon  conviction  thereof, 
be  adjudged  guilty  of  a  misdemeanor. 


REGENTS1   MANUAL.  131 

SEC.  2.  It  shall  be  the  duty  of  all  County  officers,  and  by  County 
including  supervisors,  superintendents  of  poor  farms,  ( 
hospitals,  orphanages  or  almshouses  to  make,  on  or  before 
the  first  day  of  July,  one  thousand  eight  hundred  and 
ninety-seven,  also  on  or  before  the  thirty-first  day  of 
December,  one  thousand  eight  hundred  and  ninety-eight, 
and  annually  thereafter,  an  inventory,  showing  in  detail 
all  county  property  in  their  possession  or  under  their 
charge.  In  case  of  county  officers  and  employees,  said 
inventory  shall  show  the  source  from  which  said  property 
was  derived,  and  if  possible  the  cost  of  each  item.  Each 
officer  referred  to  in  this  section  shall  under  oath  file  his 
respective  inventory  with  the  county  clerk  at  the  times  and 
dates  mentioned  in  this  section,  and  all  said  inventories 
shall  be  kept  of  record  by  the  county  clerk.  Any  person 
whose  duty  it  is  under  this  section  to  make  and  file  the 
inventory  herein  provided  for,  or  shall  fail  to  perform  said 
duty  as  required  hereby  within  the  time  limited  herein, 
shall  upon  conviction  thereof  be  adjudged  guilty  of  a  mis- 
demeanor. 

SEC.  3.     The  outgoing  officers,  boards,  commissions  and  and  given 
employees  mentioned  in  sections  one  and  two  of  this  Act  to  their 

r   •*  _  successors 

shall  deliver  to  their  successor  in  office  an  inventory  of  all 
State  or  county  property  in  their  possession,  and  the 
incoming  officer  shall  receipt  for  the  same.  Any  person 
omitting  to  comply  with  the  provisions  of  this  section 
shall  be  adjudged  guilty  of  a  misdemeanor. 

SEC.  4.     This  Act  shall  take  effect  immediately. 

The  Amendment  was  in  adding  the  penal  clause  to  each  sec- 
tion. 

The  Law  Committee  and  Counsel  of  the  Eegents  reported  in  1897 
(SECRETARY'S  REPORT  1897:107)  that  this  Act  applied  to  the  Board  of 
Regents. 


132  UNIVERSITY  OF  CALIFORNIA. 


CHAPTEE     XIX. 


POULTRY. 

An  Act  to  establish  a  Poultry  Experiment  Station  in  the  County 
of  Sonoma,  and  making  an  appropriation  therefor. 

[Approved  March  13,  1903.     Stats.  1903:143.] 

SECTION  1.  There  is  hereby  established  in  the  County 
of  Sonoma,  at  or  near  the  City  of  Petaluma,  a  Poultry 
Experiment  Station,  to  be  known  as  the  "California  Poultry 
Experiment  Station." 

Purpose  SEC.  2.     The  purpose  of  said  station  shall  be  the  study 

of  the  diseases  of  poultry  to  ascertain  the  causes  of  such 
diseases,  and  to  recommend  treatment  for  the  prevention 
and  cure  of  the  same;  to  ascertain  the  relative  value  of 
poultry  foods  for  the  production  of  flesh,  fat,  eggs,  and 
feathers;  to  recommend  methods  of  sanitation,  and  to 
conduct  investigations  for  the  purpose  of  securing  results 
conducive  to  the  promotion  of  the  poultry  interests  of  the 
State.  This  Act  shall  be  liberally  construed  to  the  end 
that  the  station  hereby  established  may  at  all  times  con- 
tribute to  the  technical  and  general  knowledge  of  the 
public  upon  the  subject  of  poultry  husbandry. 

Supervision  SEC.  3.  The  said  station  shall  be  under  the  supervision 
of  the  director  of  the  Agricultural  Experiment  Stations  of 
the  State  of  California,  who  shall,  from  time  to  time, 

Bulletins  cause  to  be  issued  bulletins  of  information  regarding  the 
care  of  poultry. 


REGENTS'  MANUAL.  133 

SEC.  4.  Within  thirty  days  after  the  passage  of  this 
Act  the  Governor  shall  appoint  three  persons,  two  of  whom 
shall  be  from  the  staff  of  professors  in  the  Agricultural 
Department  of  the  University  of  California,  and  one  a 
practical  poultry  raiser,  which  said  persons  shall  consti- 
tute a  board  or  commission  to  select  and  secure  a  site  of  Selection  of 
not  less  than  five  acres  for  such  poultry  experiment  sta-  site 
tion.  Such  board  shall  have  full  power  to  secure  such 
site,  by  lease,  purchase,  or  donation  thereof,  and  shall 
proceed  to  the  performance  of  the  duties  herein  imposed 
within  thirty  days  after  receiving  notice  of  their  appoint- 
ment. 

SEC.    5.     All  moneys  appropriated  for  the  use  of  the   Regents 
station  hereby  established  shall  be  under  the  control  of  the  to  contro1 

r>  £  4-U      TT     •  -t,         £/-ii-£          •  appropriations 

Regents  of  the  University  of  California. 

SEC.  6.  The  sum  of  five  thousand  dollars  is  hereby 
appropriated  out  of  any  money  in  the  State  Treasury,  not 
otherwise  appropriated,  for  securing  the  necessary  site, 
and  for  equipping  and  maintaining  said  California  Poultrj" 
Experiment  Station  as  provided  by  this  Act.  Of  the 
amount  herein  appropriated,  the  sum  of  two  thousand  five 
hundred  dollars  shall  be  available  during  the  fiscal  year 
nineteen  hundred  three  and  nineteen  hundred  four,  and 
two  thousand  five  hundred  dollars  shall  be  available  dur-  Appropriation 
ing  the  fiscal  year  nineteen  hundred  four  and  nineteen 
hundred  five. 

SEC.  7.  The  State  Controller  is  herebj"  authorized  to 
draw  his  warrants  for  the  sum  herein  appropriated  in 
favor  of  the  Treasurer  of  the  Regents  of  the  University  of 
California,  and  the  State  Treasurer  is  hereby  directed  to 
pay  the  same. 

SEC.  8.     This  Act  shall  take  effect  immediately. 


134  UNIVERSITY  OF  CALIFORNIA. 

CHAPTER     XX. 
PREPARATORY    DEPARTMENT. 

An  Act  to  authorize  the  Regents  of  the  University  of  California 
to  establish  a  Preparatory  Department. 

[Approved  January  6,  1870.     Stats.  1869-70:4.] 

Preparatory  SECTION  1.     The  Regents  of  the  University  of  Calif or- 

Department      nja  are  authorized  and  empowered  to  organize  and  estab- 

authorized 

hsh  a  Preparatory  Department,  for  the  purpose  of  preparing 
young  men  to  enter  the  University,  under  such  rules  and 
regulations  as  said  Regents  shall  from  time  to  time  provide, 
and  for  that  purpose  they  are  authorized  to  employ  such 
teachers,  and  to  secure  such  buildings,  by  purchase  or 
otherwise,  as  shall  be  necessary  therefor. 

SEC.  2.     This  Act  shall  take  effect  immediately. 

CHAPTER     XXI. 
PRINTING. 

Fund  POL.  C.  540.     SUBDIVISION  1.     There  is  hereby  created 

a  fund  to  be  known  as  the  State  Printing  Fund  of  the 
State  Treasury. 

SUBDIVISION  2.  The  State  Printing  Fund  shall  consist 
of  all  moneys  appropriated  by  the  Legislature  for  the  sup- 
port of  the  State  Printing  Office,  and  all  moneys  received 
into  the  State  Treasury  from  any  source  whatever  in  pay- 
ment of  all  printing,  ruling,  and  binding  done  in  the  State 
Printing  Office.  From  it  all  expenses  for  the  support  of 
the  State  Printing  Office  shall  be  paid. 

work  to  be  SUBDIVISION  3.     The  reports  of  all  State  officers,  boards 

Prim*? StatC    °^  °fficers'  commissions,  trustees,  regents,  and  directors, 

required  or  authorized  by  law  to  make  reports,  or  to  pub- 


REGENTS'  MANUAL.  135 

lish  any  circulars,  bulletins,  and  to  obtain  any  printed 
books,  stationery,  or  printed  matter  of  any  kind,  must  be 
printed,  ruled,  and  bound  at  the  State  Printing  Office,  at 
the  expense  of  their  respective  funds  or  appropriations, 
after  being  first  authorized  in  each  instance  by  the  State 
Board  of  Examiners. 

SUBDIVISION  4.  The  Superintendent  of  State  Printing,  who  shall  fix 
subject  to  the  approval  of  the  Board  of  Examiners,  shall  charge 
determine  the  charge  to  be  made  for  all  printing,  ruling, 
and  binding,  and  shall  fix  a  price  from  time  to  time  that 
will  cover  all  costs  of  material  and  doing  the  work,  not 
taking  into  consideration  the  cost  of  the  plant  of  the  State 
Printing  Office.  He  shall  render  bills  for  each  item  of 
printing,  ruling,  and  binding,  or  other  charge  against  the 
respective  officer  or  institution  ordering  the  same,  which 
bills  shall  be  audited  by  the  State  Board  of  Examiners  and 
paid  out  of  the  appropriation  or  fund  of  the  said  officer  or 
institution  chargeable  with  the  same,  on  warrants  drawn 
by  the  State  Controller. 

SUBDIVISION  5.  The  Controller  and  Treasurer  are 
hereby  authorized  and  directed  to  transfer  from  the  Gen- 
eral Fund  to  the  State  Printing  Fund  any  and  all  moneys 
appropriated  from  time  to  time  by  the  Legislature  for  the 
support  of  the  State  Printing  Office. 

SUBDIVISION  6.     The  Superintendent  of  State  Printing  Reports 
shall  render  monthly  reports  to  the  State  Controller  of  all 
moneys  received  under  the  provisions  of  this  section,  and 
shall  pay  same  into  the  State  Treasury  to  the  credit  of  the 
State  Printing  Fund. 

SUBDIVISION  7.  The  Board  of  Examiners  may  at  any 
time  order  the  Controller  to  transfer  money  from  the  sum 
allowed  to  any  officer,  board,  or  other  body  mentioned  in 
subdivision  three  of  this  section,  for  printing  and  other 
work  at  the  State  Printing  Office,  to  the  credit  of  any  other 


136 


UNIVERSITY  OF  CALIFORNIA. 


State  property 
not  to  be 
insured, 


such  officer,  board,  or  other  body  that  may  need  the  same, 
and  whose  allowance  for  that  purpose  has  been  exhausted. 

SEC.  2.  All  Acts  and  parts  of  Acts  in  conflict  with  this 
Act  are  hereby  repealed. 

SEC.  3.  This  Act  shall  take  effect  and  be  in  force  from 
and  after  July  first,  eighteen  hundred  and  ninety-nine. 
[En.  March  6,  1899.] 

CHAPTER     XXII. 

PROPERTY    AND     BUILDINGS. 

An  Act  relative  to  the  non-insurance  of  property  belonging  to 
the  State  against  risk  of  damage  or  destruction  by  fire. 

[Approved  March  10,  1891.     Stats.  1891:70.] 

SECTION  1.  No  property  belonging  to  this  State  shall 
hereafter  be  insured  against  risk  of  damage  or  destruction 
by  fire,  and  no  policy  of  fire  insurance  now  existing  upon 
any  property  belonging  to  this  State  shall  be  renewed  at 
the  expiration  thereof,  except  the  State  Printing  Office  and 
its  contents. 

SEC.  2.     This  Act  shall  take  effect  immediately. 


except  that 
held  by 
University 
for  income 


An  Act  to  authorize  the  insurance  of  all  property  of  the  Uni- 
versity of  California  held  for  purposes  of  income  against 
damages  or  loss. 

[Approved  March  20,  1899.     Stats.  1899:152.] 

SECTION  1.  All  property  of  the  University  of  California 
held  in  fee  or  otherwise  for  purposes  of  income  may  be 
insured  against  damage  or  loss. 

SEC.  2.  This  Act  shall  take  effect  from  and  after  its 
passage. 


REGENTS'  MANUAL.  137 


Code  Section. 

POL.  C.  3898A.      Whenever    the    State    has    or    shall  Property  sold 
become  the  owner  of  any  property  sold  for  taxes  and  the  for  taxes 

on  which 

deed  to  the  State  has  been  filed  with  the  Controller,  upon  university 
which  property  there  appears  of  record  a  mortgage  to  the  holds  a 
Regents  of  the  University  of  California,  and  such  mort- 
gage and  the  debt  secured  thereby  have  not  been  both  paid 
in  full  and  satisfied  of  record,  the  Controller,  upon  receiv- 
ing proof,  by  affidavit  of  the  President  and  Secretary,  or 
Acting  Secretary,  or  of  the  Treasurer  of  said  Regents,  that 
the  debt  secured  by  said  mortgage  has  not  been  fully  paid, 
shall  direct  the  tax  collector  of  the  county,  or  city  and 
county,  in  which  such  lands  are  situated,  to  execute  a  deed 
of  such  lands  in  the  name  of  the  State  of  California  to  the 
Regents  of  the  University  of  California.  Said  tax  collector 
shall  thereupon  publish  a  notice  once  a  week  for  at  least  after  notice, 
three  successive  weeks  in  some  newspaper  published  in  the 
county  or  city  and  county  in  which  such  lands  are  situated, 
or  if  there  be  no  newspaper  published  therein,  then  said 
tax  collector  shall  post  a  notice  in  three  conspicuous  places 
in  said  county,  or  city  and  county,  at  least  three  weeks 
before  the  day  to  be  named  in  said  notice  as  hereinafter 
provided.  Said  notice  must  state  that  on  or  after  a  day 
therein  mentioned  (which  day  shall  be  not  less  than  four 
weeks  and  not  more  than  eight  weeks  after  the  first  publi- 
cation or  posting  of  said  notice,)  said  tax  collector  will 
execute  and  deliver  to  the  Regents  of  the  University  of 
California  a  deed  to  the  property,  and  shall  describe  said 
property  and  shall  state  that  said  deed  will  be  made 
because  of  a  sale  of  said  property  to  the  State  for  delin- 
quent taxes,  and  because  the  Regents  of  the  University  of 
California  is  interested  in  the  said  property.  No  other  unless 
matters  need  be  contained  in  said  notice.  One  or  more  redeemed' 
pieces  of  land  may  be  described  in  the  affidavit,  notice, 


138  UNIVERSITY  OF  CALIFORNIA. 

deed  and  report  herein  provided  for.  Unless  prior  to  the 
day  so  to  be  mentioned  in  such  notice,  there  shall  be  paid 
to  the  said  tax  collector  the  full  amount  for  which  said 
property  was  sold  to  the  State,  together  with  all  interest 
and  penalties  thereon  and  all  expenses  and  costs  connected 
therewith,  and  all  subsequent  State  and  county  taxes  not 
theretofore  paid  in  full,  and  all  interest  and  penalties 
thereon  and  all  costs  and  expenses  connected  therewith, 
and  also  the  expense  of  publishing  or  posting  said  notice, 
as  the  case  may  be,  then  said  tax  collector  shall  on  said 
day,  or  within  ten  days  thereafter,  execute,  acknowledge 
and  deliver  such  deed  to  said  Regents  without  any  payment, 
shall  be  charge  or  fee  therefor,  and  shall  within  five  days  there- 

deeded  to          after  report  in  Citing  to  the  Controller  the  fact  of  the 

Regents,  . 

execution  of  such  deed.  In  the  event  said  notice  shall 
describe  two  or  more  pieces  of  land  assessed  separately  and 
sold  separately  to  the  State,  then  if  all  the  payments  above 
provided  for  be  made  within  the  time  aforesaid  in  respect 
to  any  one  of  said  pieces  so  separately  assessed  and  sold, 
(including  the  entire  cost  of  publishing  or  posting  said 
notice,  as  the  case  may  be),  such  pieces  so  paid  upon  shall 
not  be  included  in  the  deed  herein  provided  for,  and  the 
fact  of  such  payment  and  amount  paid  shall  be  stated  in 
the  said  report  to  the  Controller.  Such  deed  shall  transfer, 
grant,  convey  and  confirm  to  the  Regents  of  the  University 
of  California  the  entire  title  to  such  lands,  free  and  clear 
of  all  claims  and  incumbrances  whatsoever;  but  nothing 

but  such  deed  herein  contained  shall  be  held  to  interfere  with  the  right  of 
said  Regents  to  enforce  said  mortgage  or  the  payment  of 

foreclosure  the  debt  secured  thereby,  or  to  procure  a  decree  of  fore- 
closure and  a  sale  under  such  decree  of  all  or  any  of  the 
property  described  in  such  mortgage.  Said  deed  shall 
recite  the  facts  in  this  section  provided  as  authorizing  its 
execution  and  shall  be  prima  facie  evidence  thereof  and  of 
all  matters  therein  recited  and  of  the  ownership  of  said 
lands  by  said  Regents.  Said  deed  may  be  recorded  in  the 


REGENTS1  MANUAL.  139 

office  of  the  County  Recorder  of  the  county  or  city  and 

county  in  which  any  such  lands  are  situated;    and  upon 

the  expiration  of  two  years  after  it  has  been  so  recorded, 

shall,  (except  as  against  parties  deriving  title  through  a 

sale  and  purchase  under  a  decree  of  foreclosure  of  such 

mortgage),  be  conclusive  evidence  that  the  complete  fee  Deed  recorded, 

simple  title  to  the  property  therein  described  vested  at  the  after  two 

date  of  said  deed  in  the  Regents  of  the  University  of  Cali-  conclusive 

fornia,   free  and  clear  of   all  claims,  liens,   charges,  and  evidence  of  title 

incumbrances  whatsoever;  provided,  however,  that  in  any 

action   which   may  be    commenced    against   said    Regents 

before  the  expiration  of   said  two  years  to  question  the 

title  of  said  Regents  to  said  property,  said  deed  shall  be 

prima  facie  evidence  only.     The  expense  of  the  publication 

and   posting   herein   provided   for   shall    be   paid   by  the 

Regents    of    the    University   of    California,    unless    such 

expense  should  be  paid  to  said  tax  collector  prior  to  the  Expense  paid 

day  mentioned  in  said  notice,   as  hereinabove  permitted.   by  Regents 

While  any  mortgage  to  said  Regents  appears  of  record  and 

not   satisfied   of    record,    no    sale   of    any   lands    therein 

described  shall  be  made  under  the  provisions  of  Section 

3897  of  this  Code.     Any  moneys  which  may  be  paid  under 

the  provisions  of  this  section  shall  be  distributed  as  pro 

vided  in  Section  3898  of  this  Code.     [En.  March  16,  1903.] 


140 


UNIVERSITY  OF  CALIFORNIA. 


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REMARKS. 

ection  12  of  this  Act  grants  two 
entire  townships  or  72  sections 
for  the  use  of  a  seminary  of 
learning.  This  Act  also  pro- 
vided the  Public  Building 
Fund,  afterward  transferred  to 
University.  (See  Miscellan- 
eous Chart,  page  123.) 

3,000  acres  for  each  Senator 
and  Kepresentative,  according 
to  apportionment  of  1860.  Ex- 
cludes mineral  lands.  The 
University  is  organized  in 
compliance  with  the  require- 
ments of  this  Act.  (See  page 
75.) 

ection  5  of  the  Act  of  1862  is 
amended,  extending  the  time 
within  which  its  acceptance 
may  be  made. 

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An  Act  amendatory  of  the  above  Act.. 

An  Act  to  authorize  the  Governor  to 
reconvey  certain  lands  included  in 
the  grant  by  Congress  of  150,000 
acres  for  an  Agricultural  College  in 
1862  

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An  Act  assenting  to  Act  of  Congress, 
approved  Aug.  30,  1890,  entitled  an 
Act  to  apply  a  portion  of  the  pro- 
ceeds of  the  public  lands  to  the 
more  complete  endowment  and  sup- 
port of  colleges  established  under 
the  provisions  of  the  Act  of  July  2, 
1862  

REGENTS'  MANUAL— 10 


144 


UNIVERSITY  OF  CALIFORNIA. 


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REMARKS. 

ppointing  a  Commiss: 
ascertain  action  nece 
secure  U.  S.  land  grai 
Act  of  1862. 

ccepting  benefits  of 
Congress  of  July  2,  1 
nating  land  for  Colleg 

equesting  that  Congres 
rize  selection  of  land 
railroad  reservation. 

equesting  that  Congre 
permit  investment  of 
ceeds  of  15,000  acre  < 
in  unencumbered  pr< 
real  estate. 

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146  UNIVERSITY  OF  CALIFORNIA. 


Code  Sections. 

Regents  may          POL.  C.  SEC.  3533.     The  Regents  of  the  University  may 
order  the         order  the  selection  of  the  one  hundred  and  fifty  thousand 

selection  and 

sale  of  lands  acres  of  land  granted  to  the  State  for  the  use  of  an  Agri- 
culture College,  and  dispose  of  the  same  at  the  price  and 
in  the  manner  fixed  by  them. 

Land  Agent  POL.  C.  SEC.  3534.     The  Land  Agent  of  the  University, 

as  the  agent  of  the  State,  must  select  the  lands  according 

to  the  instructions  of  the  Board,  and  issue  certificates  of 

purchase  and  patents  to  purchasers  who  comply  with  the 

conditions   fixed   by  the    Board;    and    the    Regents  must 

investment  of    invest  all  moneys  accruing  from  the  sale  of  lands  as  they 

proceeds          mav  <jeem  best,  subject  to  the  conditions  of  the  Act  of 

Congress  granting  such  lands. 

Proceeds  of  POL.  C.  SEC.  3535.     All   moneys,  securities,   or   other 

sale  of  eighty-    prOperties  arising  from  the  sale  of  the  seventy- two  sections 

two  sections 

to  be  paid  to     granted  to  the  State  for  a  seminary  of  learning,  and  from 
Regents  ^jie  gaje  o£  ^  ^  sections  granted  to  the  State  for  the 

erection  of  public  buildings,  must  be  paid  out  of  the  State 
Treasury  on  the  order  of  the  Regents  of  the  University. 

POL.  C.  SEC.  3536.  All  persons  who  have  purchased 
any  portion  of  either  of  the  grants  mentioned  in  the  pre- 
ceding section,  and  who  have  not  paid  in  full  therefor, 
Delinquency  must  be  included  in  the  delinquent  list,  and  the  District 
Attorney  must  proceed  against  such  delinquents  as  pro- 
vided in  Sections  3547  and  3548,  and  the  provisions  of  Sec- 
tions 3548  to  3556,  inclusive,  are  made  applicable  to  such 
proceedings.  If  such  lands  revert  to  the  State,  they  pass 
under  the  control  of  and  may  be  sold  by  the  Board  of 
Regents  of  the  University. 


1  MANUAL.  147 


An  Act  concerning  the  selection  and  sale  of  University  Lands. 

[Approved  March  13,    1874.     Stats.   1873^4:356.     Section  1  amended 
April  9,  1880.     Stats,  of  Cal.  1880:36.] 

SECTION  1.     In   all   cases   when   a   contest   shall   arise  contest 
between  two  or  more  persons  concerning  the  right  of  such  between 

claimants  to 

persons  to  purchase  any  portion  of  the  one  hundred  and  right  of 
fifty  thousand  acres  of  land  granted  to  the  State  for  the  Purchase 
use  of  an  Agriculture  College,  if  either  party  shall  demand 
a  trial  in  the  Courts  of  the  State,  the  Land  Agent  of  the 
University,  as  the  agent  of  the  State,  shall  make  an  order, 
referring  said  contest  to  the  Superior  Court  of  the  county 
in  which  the  land  involved  is  situated,  and  shall  enter  said 
order  in  the  proper  record  book  of  his  office;  provided,  that 
the  party  making  such  demand  shall  prosecute  his  contest 
to  judgment  within  six  months  from  the  date  of  such 
demand,  unless  for  cause  satisfactory  to  the  Court.  Either 
party  may  bring  an  action  in  the  Superior  Court  of  the 
county  in  which  the  land  in  question  is  situated,  to  deter- 
mine such  conflict ;  and  the  proffer  of  a  certified  copy  of  the 
entry  made  by  the  said  agent,  shall  give  the  said  Superior 
Court  full  and  complete  jurisdiction  to  hear  and  determine 
said  conflict;  and  upon  the  filing  with  the  said  agent  of 
a  copy  of  the  final  judgment  of  said  court,  he  shall  issue 
the  certificate  of  purchase  or  other  evidence  of  title,  in 

accordance  with  said  final  judgment. 

» 
SEC.  2.     Whenever  any  resident  of  this  State  desires  to  Procedure  of 

purchase  any  part  of  the  one  hundred  and  fifty  thousand  Purchaser 
acres  of  land  granted  to  the  State  for  the  use  of  an  Agri- 
cultural College,  he  or  she  shall  make  an  affidavit  before 
any  officer  authorized  to  administer  oaths,  that  he  or  she  is 
a  citizen  of  the  United  States  (or  if  a  foreigner,  then  that 
he  has  filed  his  intention  of  becoming  a  citizen),  a  resident 
of  the  State,  of  lawful  age,  that  he  or  she  desires  to  pur- 
chase said  land,  giving  a  description  thereof  by  legal  sub- 


148  UNIVERSITY  OF  CALIFORNIA. 

divisions,  and  that  there  are  no  improvements  of  any  kind 
on  said  land  other  than  those  of  the  applicant ;  or  if  there 
be  improvements  other  than  his  own,  then  he  or  she  shall 
state  that  such  improvements  are  the  property  of  (giving 
his  or  her  name),  and  have  been  upon  the  land  for  three 
months  or  over,  and  that  the  township  has  been  sectionized 
and  the  plats  of  survey  filed  in  the  Land  Office  of  the  dis- 
trict in  which  the  land  is  located,  for  three  months  or  over, 
which  application  shall  be  forwarded  to  the  said  Land 
Agent  of  the  University. 

SEC.  3.  This  Act  shall  be  in  force  from  and  after  its 
passage. 

The  Amendment  to  Section  One  consisted  merely  in  substituting 
the  word  "Superior"  for  "District"  whenever  the  latter  occurred. 

Under  this  Act  the  affidavit  accompanying  an  application  for  the 
purchase  of  University  land,  forming  part  of  the  Congressional  grant 
for  the  use  of  an  Agricultural  College,  need  not  state  that  there  is  no 
occupation  of  nor  settlement  upon  the  land  other  than  that  of  the 
applicant. 

A  person  who  has  never  settled  upon,  occupied,  or  improved  Uni- 
versity land,  cannot   acquire   a   right   of  purchasing  it  as  against  an 
applicant  to  purchase  who  is  an  actual  settler  upon  the  land,  and  has 
improved  it,  and  resided  thereon  with  his  family. 
White  vs.  Douglas,  71  Cal.  115. 

In  an  action  of  this  kind  both  parties  are  actors  and  each  must 
allege  and  prove  all  the  facts  upon  which  he  relies  as  showing  his 
right  to  become  a  purchaser,  and  the  steps  he  has  taken  to  avail  him- 
kelf  of  and  secure  such  right. 

Gushing  vs.  Keslar,  68  Cal.  473. 


REGENTS'  MANUAL.  149 


CHAPTER   XXIV. 
SCHOLARSHIPS. 

An  Act  to  provide  four  competitive  scholarships  for  the  benefit 
of  meritorious  young  men  desirous  of  entering  the  State 
University. 

[Approved  April   1,   1870.     Stats.    1869-70:546.     Section   1  amended 
March  7,  1872.     Stats.  1871-2:275.] 

SECTION  1.  The  Regents  of  the  University  of  California  Regents  may 
are  authorized  to  establish  four  competitive  scholarships,  establish  [our 
each  embracing  the  full  term  of  four  years  in  the  Uni- 
versity. One  only  of  said  scholarships  shall  be  issued  at 
the  beginning  of  each  University  year,  except  to  fill 
vacancies;  provided,  that  the  present  and  all  future  scholar- 
ships shall  be  subject  to  examination  at  the  close  of  each 
University  year,  and  if  the  student  having  the  benefit  of 
any  scholarship  shall  not  be  found  by  his  acquirements, 
industry,  and  conduct  to  deserve  the  continuance  of  the 
same,  it  shall  be  the  duty  of  the  President  of  the  University 
to  report  the  same  to  the  Regents,  who  shall  declare  the 
scholarship  vacant,  and  the  same  shall  thereafter  be  filled 
in  the  same  manner  as  other  scholarships  are  filled.  The 
present  scholarships  shall  be  subject  to  this  Act,  and  the 
appointments  herein  provided  for  shall  be  made  when 
vacancies  occur;  provided,  that  the  number  shall  be 
reduced  to  four,  as  above  provided. 

SEC.  2.     The  competitive  examination  for  scholarships  competitive 
shall  be  made  by  the  Faculty.     The  applicants  for  such  «amina»ion 
examination  shall  be  bona  fide  residents  of  California,  and 
shall  have  been  chiefly  educated  in  any  of  the  schools  of 
this  State,  and  shall,  at  the  time  of  application,  satisfy  the 


150 


UNIVERSITY  OF  CALIFORNIA. 


Value  $300 
per  annum 


Regents  in  respect  to  character  and  to  the  inability  of  the 
applicant  to  provide  his  own  maintenance  at  the  Uni- 
versity. 

SEC.  3.  Each  scholarship  shall  be  entitled  to  three 
hundred  dollars  per  annum,  to  be  appropriated  out  of  the 
funds  belonging  to  the  University,  and  shall  be  applied, 
under  the  direction  of  the  proper  officer  of  the  Faculty,  to 
the  education  and  support  of  the  scholar  during  his  Uni- 
versity course ;  provided,  the  Regents  may,  upon  the  recom- 
mendation of  the  Faculty,  revoke  any  scholarship  for 
improper  conduct  or  violating  of  established  rules,  and 
shall  have  power  to  fill  all  vacancies  which  may  occur  in 
scholarships  under  competitive  examination. 

The  amendment  reduced  the  number  of  scholarships  from  five  to 
four  and  added  to  Section  One  all  commencing  with  the  secdnd  sen- 
tence. Section  Three  formerly  omitted  the  words  "per  annum"  in 
the  second  line. 

See  Sec.  10,  Organic  Act,  p.  25. 


CHAPTEE   XXV. 
SCHOOL     LAWS. 

POL.  C.  SEC.  1503.  SUBDIVISION  5.  Said"  diploma  of 
graduation  from  any  State  normal  school  in  this  State, 
graduates  upon  when  accompanied  by  a  document  granted  by  the  Faculty 
document  from  of  the  State  University  on  or  before  the  thirtieth  day  of 
June,  nineteen  hundred  and  three,  showing  that  the  holder 
of  such  diploma  has  successfully  completed  the  course  of 
instruction  in  said  University  prescribed  for  students  who 
are  graduates  of  a  normal  school  of  this  State,  shall  entitle 
such  holder  to  a  high  school  certificate  authorizing  the 
holder  to  teach  in  any  grammar  and  primary  school,  and  in 
any  high  school  in  this  State. 


REGENTS1  MANUAL.  151 

POL.  C.  SEC.  1521.     The    powers    and    duties   of    the 
State  Board  of  Education  are  as  follows : 

%         %          %          ^C          ^          3f 

2.   (A)  To  prescribe  by  general  rule  the  credentials  upon  state  Board  of 
which  persons  may  be  granted  certificates  to  teach  in  the  Educa|ion  to 
high  schools  of  this  State.     No  credentials  shall  be  pre-  credentials  for 
scribed  or  allowed,  unless  the  same,  in  the  judgment  of  high ;sch00' 
said  board,  are  the  equivalent  of  a  diploma  of  graduation 
from  the  University  of  California,  and  are  satisfactory  evi- 
dence  that   the  holder  thereof   has  taken  an  amount  of 
pedagogy  equivalent  to  the  minimum  amount  of  pedagogy 
prescribed  by  the  State  Board  of  Education  of  this  State, 
and  include  a  recommendation  for  a  high  school  certificate 
from  the  faculty  of  the  institution  in  which  the  pedagogical 
work  shall  have  been  taken. 

POL.  C.  SEC.  1670: 

Ttvelftk — The  course  of  study  for  the  respective   high  High  school 
schools  shall  be  prepared  by  the  high  school  board,  and,   coursemust 

r      r  prepare  for 

except  in  cities  and  incorporated  towns,  shall  be  subject  to  university 
the  approval  of   the  County  Board   of   Education.     Said 
course  of  study  shall  embrace  a  period  of  not  less  than 
three  years;   and  it  shall  be  such  as  will  prepare  graduates 
therein  for  admission  into  the  State  University. 

POL.  C.  SEC.  1775  (1)    County   Boards   of    Education  county  Boards 
may,  without  examination,  grant  certificates  as  follows: 

(a]    High    school  certificates:     (1)    To  the   holders  of 
credentials  approved  by  the  State  Board  of  Education  in 
accordance  with  subdivision  two  of  section  fifteen  hundred 
and  twenty-one  of  this  code;    (2)   To  the  holders  of  special  high  school 
credentials  issued  by  said  State  Board,  in  accordance  with  certificates> 
said  subdivision;    (3)   To  holders  of  high  school  certificates 
issued  by  any  County,  or  City  and  County,  Board  of  Edu- 
cation  in  this  State;     (4)    To   holders  of   normal   school 


152  UNIVERSITY  OF  CALIFORNIA. 

diplomas  accompanied  by  documents  from  the  Faculty  of 
the  State  University,  provided  for  in  subdivision  five  of 
section  fifteen  hundred  and  three  of  this  Code. 

and  grammar       (U  Grammar  school  certificates:   To  the  holders  of  the 
school  following  credentials:   *  *  *  (3)  Diplomas  from  the  Uni- 

certificates 

versity  of  California,  or  from  any  other  university  that 
shall  be  declared  by  the  State  Board  of  Education  to  ,be  of 
equal  rank  with  the  University  of  California,  when  the 
holders  have  completed  the  prescribed  course  in  the  peda- 
gogical department  of  the  State  University,  or  a  pedagogi- 
cal course  that  said  State  Board  shall  declare  to  be 
equivalent  to  such  prescribed  course,  and  have  been 
recommended  by  the  faculty  of  the  university  issuing  such 
diploma;  *  *  * 

state  Board         (5)   Whenever  any  holder  of  a  diploma  from  the  State 
may  grant       Universitv,   or   from   any  other  university   that   shall   be 

certificates 

declared  by  the  State  Board  of  Education  to  be  of  equal  rank 
with  the  State  University,  shall  present  to  said  State  Board 
satisfactory  evidence  of  having  had  two  years'  successful 
experience  as  a  teacher,  subsequent  to  graduation,  accom- 
panied by  satisfactory  evidence  that  such  holder  has  com- 
pleted the  prescribed  course  in  the  pedagogical  department 
of  the  University  of  California,  or  a  pedagogical  course 
equivalent  thereto,  the  State  Board  of  Education  shall 
grant  to  the  holder  of  said  university  diploma  a  document 
signed  by  the  president  and  secretary  of  the  State  Board, 
showing  such  fact,  and  said  diploma,  accompanied  by  said 
document  of  the  State  Board  attached  thereto,  shall  become 
a  permanent  certificate  of  qualification  to  teach  in  any 
grammar  or  primary  or  high  school  in  the  State,  valid  until 
such  time  as  the  said  document  shall  be  revoked  by  said 
State  Board  of  Education,  for  any  of  the  causes  shown  in 
subdivision  four  [three]  of  section  seventeen  hundred  and 
ninety-one  of  this  Code. 


REGENTS'  MANUAL.  153 

The  word  "may"  in  the  opening  sentence  of  this  section  is  not 
mandatory  but  permissive  and  discretionary,  and  mandamus  will  not 
lie  to  compel  a  County  Board  of  Education  to  issue  a  county  certificate 
to  any  one  falling  within  the  terms  of  that  section. 

Kemble  vs.  McPhail,  128  Cal.  444. 

POL.  C.  SEC.  1792.  The  city,  or  city  and  county, 
boards  of  examination  may  also  recommend  the  granting  tionst>y 

5    County  Boards 

of  city,  or  city  and  county  certificates,  and  the  renewal 
thereof,  in  the  manner  provided  for  the  granting  and 
renewal  of  county  certificates  by  county  boards  of  educa- 
tion in  section  seventeen  hundred  and  seventy-five  of  this 
Code. 

POL.  C.  SEC.  2327.  The  control  and  management  of 
the  University  of  California  and  the  State  Normal  School 
are  provided  for  in  title  three,  of  part  three,  of  this  Code. 
[En.  March  12,  1872.] 

(See  page  129.) 


An  Act  creating  a  fund  for  the  benefit  and  support  of  high 
schools  and  providing  for  its  distribution. 

[Approved  March  2,  1903.     Stats.  1903:64.] 

SEC.  9.     High  schools  organized  under  the  present  law  High  schools 
for  the  establishment  of  high  schools  and  receiving  State  receivins State 

.aid  subject  to 

aid  under  this  Act  shall  within  one  year  after  first  begin-  inspection  by 
ning  to  receive  such  State  aid  provide  at  least  one  course  of  University 
study  such  as  will  prepare  pupils  for  admission  to  one  of  the 
colleges  of  the  University  of  California,  and  for  that  pur- 
pose said  high  schools  shall  be  subject  to  inspection  by  a 
duly  accredited  representative   of  said  University.     High 
schools  eligible  to  receive  State  aid  as  herein  provided  shall 
admit  as  students  only  such  pupils  as  have  completed  the 
full  course  of  instruction  prescribed  for  the  primary  and 
grammar  schools  of  the  county  or  city  and  county  wherein 


154  UNIVERSITY  OF  CALIFORNIA. 

the  high  school  is  located,  or  an  equivalent  course,  or  such 
pupils  as  may  show  by  thorough  examination  that  their 
qualifications  are  equivalent  to  the  requirements  for  gradua- 
tion from  said  primary  and  grammar  school  course;  pro- 
vided, that  pupils  otherwise  qualified  to  enter  a  high  school 
and  residing  in  territory  wherein  no  high  school  exists 
shall  have  the  right  to  attend  any  high  school  that  receives 
State  aid  under  the  provisions  of  this  Act  without  the  pay- 
ment of  tuition  fee,  if  such  schools  have  room  or  accommo- 
dations for  them. 


CHAPTER   XXVI. 
STATE    ANALYST. 

An  Act  to  provide  for  analyzing  the  Minerals,  Mineral  Waters, 
and  other  Liquids,  and  the  Medicinal  Plants  of  the  State  of 
California,  and  of  Foods  and  Drugs,  to  prevent  the  adultera- 
tion of  the  same. 

[Approved  March  9,  1885.     Stats.  1885:43.] 

Governor  to          SECTION  1.     The  Governor  of  the  State  of   California 
appoint  shall  appoint  one  of  the  Professors  of  the  State  University 

University 

professor  as  of  California  of  sufficient  competence,  knowledge,  skill,  and 
State  Analyst,  experience)  as  state  Analyst,  whose  duty  it  shall  be  to  ana- 
lyze all  articles  of  food,  drugs,  medicines,  medicinal  plants, 
minerals,  and  mineral  waters,  and  other  liquids  or  solids 
which  shall  be  manufactured,  sold,  or  used  within  this 
State,  when  submitted  to  him,  as  hereinafter  provided. 

to  examine  SEC.  2.     The  State  Board  of  Health  and  Vital  Statistics, 

samples  of       Qr  me(jjcai  officers  of  health  of  anv  city,  town,  or  of  any  city 

food,  etc., 

and  county,  or  county,  may,  at  the  cost  of  their  respective 
boards  or  corporations,  purchase  a  sample  of  any  food,  drugs, 
medicines,  medicinal  plants,  mineral  waters,  or  other  liquids 
offered  for  sale  in  anjr  town,  village,  or  city  in  this  State, 
and  submit  the  same  to  the  State  Analyst  as  hereinafter 


HEGENTS'  MANUAL.  155 

provided;  and  said  Analyst  shall,  upon  receiving  such 
article  duly  submitted  to  him,  forthwith  analyze  the  same, 
and  give  a  certified  certificate  to  the  Secretary  of  the  State 
Board  of  Health  submitting  the  same,  wherein  he  shall 
fully  specify  the  result  of  the  analysis;  and  the  certificate 
of  the  State  Analyst  shall  be  held  in  all  the  Courts  of  this 
State  as  prima  facie  evidence  of  the  properties  of  the 
articles  analyzed  by  him. 

SEC.  3.     Any  person  desiring  an  analysis  of  any  food,   for  any  person 
drug,   medicine,    medicinal  plant,   soil,  mineral  water,   or 
other  liquid,  shall  submit  the  same  to  the  Secretary  of  the 
State  Board  of  Health,  together  with  a  written  statement     . 
of  the  circumstances  under  which  he  procured  the  article  to 
be  analysed,  which  statement  must,  if  required  by  him,  be 
verified  by  oath,  and  it  shall  be  the  duty  of  the  Secretary 
of  the  State  Board  of  Health  to  transmit  the  same  to  the 
State  Analyst,  the  expenses  thereof  to  be  defrayed  by  the 
said  Board. 

SEC.  4.     The  State  Analyst    shall   report  to  the  State   Report 
Board  of  Health  the  number  of  all  articles  analyzed,  and 
shall   specify  the  results  thereof  to  said   Board  annually, 
with  full  statement  of  all  the   articles  analyzed,  and  by 
whom  submitted. 

SEC.  5.  The  State  Board  of  Health  may  submit  to  the 
State  Analyst  any  samples  of  food,  drugs,  medicines, 
medicinal  plants,  mineral  waters,  or  other  liquids,  for 
analysis,  as  hereinbefore  provided. 

SEC.  6.     It  shall  be  competent  for  the  Mineralogist  of  Mineralogist 
the  State  of  California  to  submit  to  the  State  Analyst  any 
minerals  of  which  he  desires  an  analysis  to  be  made;  pro- 
vided, that  the  cost  of  the  same  shall  be  defrayed  by  the 
Mineralogical  Bureau. 

SEC.  7.  The  Board  of  State  Viticultural  Commission- 
ers shall  have  the  same  privileges  as  are  provided  for  the 


156  UNIVERSITY  OF  CALIFORNIA. 

State  Board  of  Health  under  this  Act,  with  respect  to 
samples  of  wines  and  grape  spirits,  and  of  all  liquids  and 
compounds  in  imitation  thereof,  and  any  person  or  persons 
desiring  analysis  of  such  products,  shall  submit  the  same 
to  the  Secretary  of  the  said  Board  of  State  Viticultural 
Commissioners,  and  the  same  shall  be  transmitted  to  the 
State  Analyst,  in  the  manner  prescribed  in  section  three  of 
this  Act.  The  analyses  shall  be  made,  and  the  certificates 
of  the  State  Analyst  shall  be  forwarded  to  the  Secretary 
of  the  said  Board  of  State  Viticultural  Commissioners, 
and  shall  have  the  same  force  and  effect  as  provided  for  in 
section  two  of  this  Act,  with  respect  to  analyses  made  for 
the  State  Board  of  Health. 

See  Act  of  March   27,   1895,   concerning  abolition  of  Viticultural 
Commission,  page  157. 


CHAPTER  XXVII. 

VITICULTURE. 

An  Act  for  the  promotion  of  the  Viticultural  industries  of  the 
State. 

[Approved  April  15,  1880.     Stats.  1880:53.     Sections  1,  2,  3,  4,  5,  6, 
7  and  10  repealed,  1895:235.] 

Requests  to          SECTION  8.     And  for  the  further  promotion  of  viticul- 
provide          tural  interests,  it  shall  be  the  dutv  of  the  Board  of  Regents 

instruction  in  . 

viticulture  of  the  University  of  California  to  provide  for  special 
instruction  to  be  given  by  the  Agricultural  Department  of 
the  University  in  the  arts  and  sciences  pertaining  to  viti- 
culture, the  theory  and  practice  of  fermentation,  distilla- 
tion, and  rectification,  and  the  management  of  cellars,  to 
be  illustrated  by  practical  experiments  with  appropriate 
apparatus;  also,  to  direct  the  Professor  of  Agriculture,  or 
his  assistant,  to  make  personal  examinations  and  reports 


REGENTS'  MANUAL.  157 

upon  the  different  sections  of  the  State  adapted  to  viticul- 
ture; to  examine  and  report  upon  the  woods  of  the  State 
procurable  for  cooperage,  and  the  best  methods  of  treating 
the  same;  and  to  make  analysis  of  soils,  wines,  brandies, 
and  grapes,  at  the  proper  request  of  citizens  of  the  State; 
also,  to  prepare  a  comprehensive  analysis  of  the  various 
wines  and  spirits  produced  from  grapes,  showing  their 
alcoholic  strength  and  other  properties,  and  especially  any 
deleterious  adulterations  that  may  be  discovered.  The 
Regents  shall  also  cause  to  be  prepared,  printed,  and  dis- 
tributed to  the  public,  quarterly  reports  of  the  professor  in  Reports 
charge  of  this  work  relating  to  experiments  undertaken, 
scientific  discoveries,  the  progress  and  treatment  of  the 
phylloxera  and  other  diseases  of  the  vine,  and  such  other 
useful  information  as  may  be  given  for  the  better  instruc- 
tion of  viticulturalists. 

SEC.  9.  The  Board  of  Regents  of  the  University  shall  Donations 
be  authorized  to  receive  and  accept  donations  of  lands  suit- 
able for  experimental  vineyards  and  stations,  and  shall 
submit  in  their  next  annual  report  an  economical  plan  for 
conducting  such  vineyards,  and  for  the  propagation  and 
distribution  of  specimens  of  all  known  and  valuable  vari- 
eties of  grape  vines. 

An  Act  to  repeal  sections  one,  two,  three,  four,  five,  six,  seven, 
and  ten  of  an  Act  entitled  "An  Act  for  the  promotion  of 
the  viticultural  industries  of  the  State,"  approved  April  15, 
1880;  also,  an  Act  entitled  "An  Act  to  define  and  enlarge 
the  duties  and  powers  of  the  Board  of  State  Viticultural 
Commissioners,  and  to  authorize  the  appointment  of  certain 
officers,  and  to  protect  the  interests  of  horticulture  and  viti- 
culture," approved  March  4,  1881;  also,  an  Act  entitled 
"An  Act  to  enlarge  the  duties  of  the  Board  of  State  Viticul- 
tural Commissioners,"  approved  February  26, 1885 ;  to  pro- 
vide for  completion  of  unfinished  work,  for  the  transfer  of 
the  property  of  the  Viticultural  Commission,  and  making  an 
appropriation  therefor. 

[Approved  March  27,  1895.     Stats.  1895:235.] 


158  UNIVERSITY  OF  CALIFORNIA. 

WHEREAS,  It  has  been  and  now  is  the  policy  of  the  State 
of  California  to  encourage  the  viticultural  industries  of  the 
State;  'and  whereas,  the  Board  of  State  Viticultural  Com- 
missioners has  been  empowered  by  the  several  Acts  of  the 
Legislature  of  the  State  of  California  to  perform  certain 
duties  for  the  encouragement  of  these  industries;  and 
whereas,  the  University  of  California  is  fully  empowered  to 
continue  the  work;  now,  therefore, 

The  People  of  the  State  of  California,  represented  in 
Senate  and  Assembly,  do  enact  as  follows: 

Repeal  of  Acts  SECTION  1.  Sections  one,  two,  three,  four,  five,  six, 
seven,  and  ten  of  an  Act  entitled  "An  Act  for  the  promo- 
tion of  the  viticultural  industries  of  the  State,"  approved 
April  fifteenth,  eighteen  hundred  and  eighty;  also,  an  Act 
entitled  "An  Act  to  define  and  enlarge  the  duties  and 
powers  of  the  Board  of  State  Viticultural  Commissioners, 
and  to  authorize  the  appointment  of  certain  officers,  and  to 
protect  the  interests  of  horticulture  and  viticulture," 
approved  March  fourth,  eighteen  hundred  and  eighty-one; 
also,  an  Act  entitled  "An  Act  to  enlarge  the  duties  of  the 
Board  of  State  Viticultural  Commissioners,"  approved 
February  twentj'- sixth,  eighteen  hundred  and  eighty-five, 
are  hereby  repealed.  All  Acts  and  parts  of  Acts  prescrib- 
ing the  duties  of  the  University  of  California  remain  in 
force.  The  provisions  of  this  section  shall  take  effect  and 
be  in  force  on  the  thirty- first  day  of  December,  Anno 
Domini  eighteen  hundred  and  ninety-five. 

SEC.  2.  The  Board  of  State  Viticultural  Commissioners 
is  hereby  directed  to  proceed  to  complete  all  unfinished 
work  which  it  has  heretofore  undertaken,  and  to  perform 
such  other  duties  as  the  laws  now  require;  provided,  how- 
ever, that  no  new  Work  or  investigations  shall  be  under- 
taken which  cannot  be  completed  before  the  time  specified 


REGENTS'  MANUAL.  159 

in  section  one  of  this  Act ;  provided  further,  that  no  further 
obligations  calling  upon  the  State  for  support  shall  be 
created. 

SEC.  3.     The  said  Board  is  hereby  directed  to  transfer,   viticultural 
on  or  before  the  thirty-first  day  of  December,  Anno  Domini,   Commissioners 
eighteen  hundred  and  ninety-five,  all  property  in  its  posses-  property 
sion,  or  under  its  control,  belonging  to  the  State,  to  the 
Regents  of  the  University  of  California,  for  the  further 
promotion  of  the  viticultural  industries  of  the  State. 

SEC.  4.  There  is  hereby  appropriated  out  of  any  moneys 
in  the  State  Treasury  not  otherwise  appropriated,  for  the 
uses  of  said  Regents  of  the  University  of  California,  for  the 
forty- seventh  and  forty- eighth  fiscal  years,  the  sum  of  five 
thousand  dollars. 

The  portion  of  the  Act  first  repealed  provided  for  a  Viticultural  Com- 
mission, two  at  large  and  one  from  each  of  seven  districts  into  which 
the  State  was  divided;  prescribed  the  duties  of  the  Commission,  and 
term  of  officers  and  time  and  place  of  meetings  and  the  number  and 
salaries  of  employees. 

The  Act  of  February  26,  1885,  repealed,  provided  among  other 
things  that  the  chief  executive  officer  of  the  Board  of  State  Viticul- 
tural Commissioners  should  on  request  of  the  Regents  deliver  lectures 
at  the  University. 

An  Act  for  the  protection  of  the  viticultural  interests  of  the 
State,  and  making  an  appropriation  therefor. 

[Approved  March  26,  1903.     Stats.  1903:  522.] 

SECTION  1.  The  Regents  and  the  President  of  the  Uni-  vmcuiturai 
versity  of  California  are  hereby  directed  to  cause  to  be 
prosecuted  with  all  possible  diligence,  in  connection  with 
and  in  addition  to  the  work  heretofore  carried  on  by  the 
agricultural  experiment  station,  experimental  and  research 
work  in  the  field  of  viticulture,  including  both  cultural  and 
industrial  processes.  They  are  directed  to  ascertain  the 
adaptation  of  the  various  kinds  of  vines  to  the  several 

REGENTS'  MANUAL — 11 


160  UNIVERSITY  OF  CALIFORNIA. 

climatic  and  soil  conditions  of  the  State,  with  the  special 
reference  to  those  stocks  for  propagating  purposes,  resistant 
to  the  phylloxera,  and  to  further  their  adaptability  and 
utility  as  grafting  stocks  for  producing  wine,  raisin  and 
table  grapes.  They  are  directed  to  ascertain  the  best 
methods  of  grafting  and  propagating  said  stocks  and  vines, 
together  with  the  most  important  methods  of  vinification 
and  the  preparation,  manufacture  and  application  of  yeasts 
in  vinification  and  distillation.  They  are  further  directed 
to  report  upon  the  utilization  of  the  by-products  of  the 
vineyard  and  winery,  the  study  and  treatment  of  the  vine 
diseases  and  all  matters  appertaining  to  the  viticultural 
industry,  pertinent  to  the  successful  conduct  of  the  busi- 
ness and  that  may  be  of  general  public  interest,  use  and 
profit.  They  are  further  directed  to  publish  the  result  of 
said  experiments  and  investigations  in  form  of  bulletins 
from  time  to  time,  as  may  seem  advisable  and  not  less  than 
TWO  bulletins  two  bulletins  showing  the  progress  and  result  of  the  work, 

to  be  published     ghall  be  issue(J  in  any  fiscal  year 

yearly 

SEC.  2.  The  sum  of  three  thousand  dollars  ($3,000)  is 
hereby  appropriated  out  of  any  money  in  the  treasury  not 
Appropriation  otherwise  appropriated,  for  the  purpose  of  carrying  into 
effect  the  provisions  of  this  Act;  said  money  to  be  paid  to 
the  Regents  of  the  University  of  California,  to  be  expended 
by  them  through  the  Agricultural  Department  of  the  Uni- 
versity during  the  two  years  beginning  July  1,  1903.  The 
Comptroller  of  the  State  is  hereby  directed  to  draw  his 
warrant  for  such  payments  as  requested  by  said  Regents  of 
the  State  University  of  California,  and  the  Treasurer  of  the 
State  is  hereby  directed  to  pay  the  same. 

SEC.  3.     This  Act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 


I 

REGENTS'  MANUAL.  161 


CHAPTER  XXVIII. 

WATER    SUPPLY. 

An  Act  to  provide  a  supply  of  water  for  the  University,  and  for 
the  Asylum  for  the  Deaf,  Dumb,  and  Blind. 

[Approved  April  1,  1876.     Stats.  1875-6:816.] 

SECTION  1.     Any  of  the  springs  and  natural  sources  of  sources  of 
water  supply  which  are  within  a  distance  of  one  mile  and  water  supply 

may  be 

a  half  from  the  extreme  limits  of  the  University  grounds,  condemned 
together  with  so  much  of  the  lands  on  which  the  same  are 
located  as  are  necessary  for  the  protection  of  said  springs 
and  sources  of  supply,  and  the  right  of  way  for  a  pipe  or 
aqueduct  over  intervening  lands  to  reach  the  same,  may  be 
condemned,  in  the  manner  hereinafter  provided,  for  the  use 
of  the  University  and  Deaf,  Dumb,  and  Blind  Asylum,  and 
shall  not  be  taken  up  or  appropriated  by  any  private  cor- 
poration. Said  springs  and  sources  of  water  supply,  and 
said  lands,  are  hereby  declared  to  be  necessary  for  the  use 
of  the  institutions  above  named,  and  such  use  is  declared  to 
be  a  public  use. 

SEC.  2.  In  order  to  effect  such  condemnation,  a  com-  Procedure 
plaint  shall  be  filed  by  the  Attorney- General,  in  the  name  of 
the  people  of  the  State  of  California,  against  all  owners  or 
claimants  of  such  springs,  and  of  the  lands  on  which  the 
same  are  situated,  and  of  the  lands  over  which  a  right  of 
way  is  sought,  whose  names  are  known  or  can  be  con- 
veniently ascertained,  and  against  all  unknown  owners  and 
claimants,  designating  them  as  "unknown  owners"  in  said 
complaint.  All  the  proceedings  thereafter  shall  be  had  and 
taken  under  and  in  accordance  with  the  provisions  of  title 


1 

162  UNIVERSITY  OF  CALIFORNIA. 

seven,  part  third  of  the  Code  of  Civil  Procedure,  except 
that  it  shall  not  be  necessary,  upon  the  trial,  to  show  that 
said  springs  are  necessary  to  the  institutions  aforesaid. 

SEC.  3.  Instead  of  a  trial  by  jury,  the  District  Court 
may,  in  its  discretion,  appoint  three  Commissioners  or 
Referees  to  appraise  the  value  of  said  springs  and  lands, 
and  the  right  of  way  to  reach  the  same  from  the  University 
grounds,  over  the  lands  between  said  springs  and  the 
grounds  of  the  University. 

SEC.  4.  Upon  a  judgment  being  rendered  for  the  con- 
demnation of  said  springs  and  lands,  and  right  of  way,  and 
appraising  the  value  thereof,  and  upon  filing  in  said  pro- 
ceeding a  written  certificate  by  the  Governor,  approving  such 
valuation,  the  Controller  shall  draw  his  warrant  upon  the 
State  Treasurer,  in  favor  of  the  Treasurer  of  the  Board  of 
Regents,  for  the  amount  of  such  valuation,  payable  out  of 
any  monies  in  the  General  Fund,  and  said  Treasurer  of  the 
Board  of  Regents  shall  pay  the  amount  forthwith  into  the 
Court  in  which  such  judgment  is  rendered,  to  be  paid  out, 
under  the  order  of  said  Court,  to  the  parties  entitled 
thereto.  When  said  amount  is  paid  into  Court,  the  title  to 
said  springs  and  land,  and  right  of  way  shall  vest  in  the 
State  for  the  use  and  benefit  of  the  public  institutions 
hereinbefore  referred  to. 

SEC.  5.  This  Act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

Mandamus  will  not  lie  to  compel  the  Governor's  approval  as  pro- 
vided in  section  four,  for  that  is  an  act  involving  his  judgment  and 
discretion.  Whether  he  could  be  compelled  to  make  inquiry  concern- 
ing values — Query. 

Berryman  vs.  Perkins,  55  Cal.  483. 


PART    III 


GIFTS* 

UNDER    CONDITIONS 


*A  summary  of  all  gifts  to  the  University  from  its  foundation  up  to 
March  23,  1904,  as  collected  by  President  Wheeler,  may  be  found  in  the 
UNIVERSITY  CHRONICLE,  Vol.  6,  p.  260. 


REGENTS'  MANUAL.  165 


CHAPTER  I. 

COLLEGE    OF    CALIFORNIA   TRUSTS. 
l. — From  the  College  of  California  to  the  State  of  California. 

This  indenture,  made  this  twelfth  day  of  February,  A.D. 
one  thousand  eight  hundred  and  sixty-eight,  between  the 
President  and  Board  of  Trustees  of  the  College  of  Cali- 
fornia, a  corporation  organized  and  existing  under  the  laws 
of  the  State  of  California,  party  of  the  first  part,  and  the 
State  of  California  for  the  uses  of  a  University,  of  the  Purpose 
second  part: 

Whereas,  At  a  meeting  of  said  President  and  Board  of 
Trustees  of  the  College  of  California,  held  in  the  City  of 
San  Francisco  on  the  ninth  day  of  October,  A.D.  one 
thousand  eight  hundred  and  sixty-seven,  the  following 
resolutions  were  by  them  adopted,  viz. : 

Resolved,  That  the  President  and  Board  of  Trustees  of 
the  College  of  California  hereby  offer  to  donate  to  the 
State  Board  of  Directors  of  the  Agricultural,  Mining,  and 
Mechanical  Arts  College  one  hundred  and  sixty  acres  of 
land  situated  in  the  Township  of  Oakland,  County  of 
Alameda,  said  State,  consisting  of  the  lands  lying  between 
the  two  ravines  or  branches  which  unite  to  form  Straw- 
berry Creek,  and  known  as  the  California  College  lands,  as 
and  for  a  site  and  grounds  of  said  Agricultural,  Mining, 
and  Mechanical  Arts  College,  and  of  an  academical  college 
or  university. 

Resolved — Second,  That  in  making  this  offer  of  donation 
said  President  and  Board  of  Trustees  of  the  College  of  Cali- 
fornia are  influenced  by  an  earnest  hope  and  confident 
expectation  that  the  State  of  California  will  forthwith 


166  UNIVERSITY  OF  CALIFORNIA. 

organize  and  put  into  operation,  upon  the  aforesaid  site 

and    grounds,    a    University   of    California,    which    shall 

include  a  College  of  Mines,  a  College  of  Civil  Engineering, 

For  a  College  of  Mechanics,  a  College  of  Agriculture,  an  Aca- 

Slty    demical  College,  all  of  the  same  grade  and  with  courses  of 

instruction  at  least  equal  to  those  of  eastern  colleges  and 

universities. 

Now,  therefore,  this  indenture  witnesseth  that  the  said 
party  of  the  first  part,  in  conformity  with  the  said  resolu- 
tions, and  for  and  in  consideration  of  the  sum  of  ten  dollars, 
lawful  money  of  the  United  States,  to  it  paid  by  said  party 
of  the  second  part,  at  or  before  the  ensealing  and  delivery 
of  these  presents,  the  receipt  whereof  is  hereby  acknowl- 
edged, and  also  for  other  good  and  valuable  considerations, 
it  hereunto  moving,  hath  granted,  bargained,  and  sold,  and 
by  these  presents  doth  grant,  bargain,  and  sell,  unto  the 
said  party  of  the  second  part  and  its  assigns  forever,  all 
that  certain  tract,  piece,  or  parcel  of  land  situated,  lying, 
and  being  in  the  Township  of  Oakland,  County  of  Ala- 
meda,  and  State  of  California,  bounded  and  described  as 
follows,  namely:  *  *  *  Being  portions  of  plats  69,  70,  71, 
79,  80,  81,  and  82,  as  the  same  are  laid  down,  designated, 
and  numbered  on  a  map  of  the  Ranchos  of  Vicente  and 
Domingo  Peralta,  surveyed  by  Julius  Kellersberger,  and  on 
file  or  of  record  in  the  County  Recorder's  office  of  Alameda 
County,  containing  one  hundred  and  sixty  acres  of  land, 
and  being  the  same  land  and  premises  which  are  mentioned 
and  contemplated  in  and  by  the  said  resolutions  of  said 
President  and  Board  of  Trustees,  hereinbefore  set  forth; 
together  with  all  and  singular  the  tenements,  heredita- 
ments, and  appurtenances  thereunto  belonging,  or  in 
anywise  appertaining,  and  the  reversion  and  reversions, 
remainder  and  remainders,  rents,  issues,  and  profits 
thereof,  and  also  all  the  estate,  right,  title,  and  interest, 
property,  possession,  claim,  and  demand  whatsoever,  as 
well  in  law  as  in  equity,  of  the  said  party  of  the  first  part, 


REGENTS'  MANUAL.  167 

of,  in,  and  to  the  above  described  premises,  and  every  part 
and  parcel  thereof,  with  the  appurtenances. 

To  have  and  to  hold,  all  and  singular,  the  above  men- 
tioned and  described  premises,  together  with  the  appur- 
tenances, unto  the  said  party  of  the  second  part  and  its 
assigns  forever. 

[Duly  executed  and  recorded,  Liber  30  of  Deeds,  page  163, 
Alameda  County  Records.] 

2.— College  of  California  to  Regents. 

This  indenture,  made  the  first  day  of  June,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  seventy,  by 
and  between  the  President  and  Board  of  Trustees  of  the 
College  of  California,  a  corporation  duly  incorporated 
under  and  by  virtue  of  the  laws  of  the  State  of  Cali- 
fornia, acting  herein  by  Horatio  Stebbins,  its  President, 
and  J.  W.  Stow,  its  Secretary,  hereunto  duly  authorized 
by  resolution  of  said  Board  of  Trustees  as  hereinafter  set 
forth,  party  of  the  first  part,  and  the  Regents  of  the 
University  of  California,  a  corporation  duly  incorporated 
under  and  by  virtue  of  the  laws  of  the  State  aforesaid, 
party  of  the  second  part,  witnesseth:  Whereas,  at  a  meeting 
of  the  Board  of  Trustees  of  the  party  of  the  first  part,  held 
on  the  thirtieth  day  of  May,  A.D.  1870,  the  following  reso- 
lution was  duly  adopted,  to  wit:  Whereas,  the  President 
and  Board  of  Trustees  of  the  College  of  California  is 
indebted  in  the  sum  of  fifty-four  thousand  and  fifty  -£$-$ 
dollars,  and  the  Regents  of  the  University  of  California  has 
assumed  the  said  indebtedness  and  relieved  the  "President 
and  Board  of  Trustees  of  the  College  of  California  "  there- 
from; and  whereas,  the  President  and  Board  of  Trustees  of 
the  College  of  California  desire  to  promote  the  educational  Purpose 
plans  and  objects  of  the  Regents  of  the  University  of  Cali- 
fornia; now,  therefore,  it  is  resolved,  That  the  President 
and  Secretary  of  this  Board  be  and  they  are  hereby  autho- 
rized and  empowered,  by  good  and  valid  deed,  to  donate 


168  UNIVERSITY  OF  CALIFORNIA. 

and  transfer  and  convey  to  the  Regents  of  the  University 
of  California,  and  to  its  successors  and  assigns  forever,  all 
the  following  described  property,  to  wit:  18  iVir  acres  of 
land  in  plat  No.  82,  64  rVir  acres  of  land  in  plat  No.  80, 
230  acres  of  land,  more  or  less,  in  the  mountain  or  undi- 
vided tract,  and  lots  Nos.  1  to  11  inclusive  in  Block  B,  lot 
No.  49  in  Block  F  and  lots  Nos.  20,  21,  23,  24,  26,  27,  28, 
29,  31,  and  32  in  Block  D,  as  laid  down  and  designated 
upon  the  map  of  a  portion  of  the  Berkeley  property,  all  of 
which  lots,  being  twenty-two  in  all,  being  also  portions  of 
plat  No.  80;  also,  Block  No.  173,  as  laid  down  on  Kellers- 
berger's  map  of  the  City  of  Oakland,  the  same  being  all  the 
the  lands  now  belonging  to  the  President  and  Board  of 
Conditions  Trustees  of  the  College  of  California,  in  trust,  to  sell, 
mortgage,  or  dispose  of  the  same,  or  any  part  thereof,  at 
such  time  or  times,  at  such  price  or  prices,  and  on  such 
terms,  as  it  shall  deem  best,  and  to  give  good  and  valid 
title  to  the  purchaser  or  purchasers  thereof  without  requir- 
ing the  said  purchaser  or  purchasers  to  look  to  the  applica- 
tion of  the  purchase  money  paid  or  to  be  paid  therefor,  and 
out  of  proceeds  thereof  to  retain  and  repay  the  advances 
made  and  to  be  made  by  it  in  the  payment  of  the  indebted- 
ness aforesaid,  and  the  balance  of  said  proceeds  to  use, 
bestow,  invest,  and  reinvest  for  its  own  uses  and  purposes, 
and  until  said  sale,  mortgage,  or  disposition  of  said 
property,  to  take,  receive,  hold,  and  in  all  respects 
manage  the  same  as  it  may  seem  best.  Now,  therefore, 
the  party  of  the  first  part  doth  by  these  presents  donate, 
transfer,  and  convey  unto  the  party  of  the  second  part  and 
to  its  successors  and  assigns  forever,  all  of  those  certain 
pieces  or  parcels  of  land  situate,  lying,  and  being  in  the 
County  of  Alameda,  State  of  California,  bounded  and 
described  as  follows,  to  wit:  First,  *  *  *  Being  a  portion 
of  plat  number  eighty- two  (82)  as  designated  and  numbered 
on  a  certain  map  of  the  Ranches  of  Vicente  and  Domingo 
Peralta,  surveyed  by  one  Julius  Kellersberger  and  on  file 


REGENTS1  MANUAL.  169 

in  the  County  Recorder's  office  in  and  for  the  said  County 
of  Alameda. 

Second  *  *  *  Being  a  portion  of  said  plat  number 
eighty  (80). 

Third — All  those  certain  lots  *  *  *  the  said  lots  being 
twenty- two  in  all,  and  a  portion  of  said  plat  number  eighty 
(80),  as  designated  on  said  map  of  Kellersberger. 

Fourth — All  the  right,  title,  and  interest  of  the  party  of 
the  first  part,  of,  in,  and  to  all  the  undivided  mountain 
land  situate  easterly  of  the  said  plats,  numbered  eighty  (80) 
and  eighty- two  (82),  as  known  and  designated  on  the  said 
map  of  the  said  Julius  Kellersberger;  the  same  being  the 
undivided  interest  in  lands  not  embraced  in  any  of  the 
numbered  plats  upon  the  said  map  of  Kellersberger;  said 
undivided  interest  supposed  to  be  two  hundred  and  thirty 
(230)  acres  of  land  more  or  less,  and  more  particularly 
described  in  a  certain  deed  bearing  date  November  6,  A.D. 
1858,  made  and  executed  by  one  John  A.  Bonneron  to  one 
Orrin  Simmons,  and  recorded  in  the  County  Recorder's 
office  in  and  for  the  County  of  Alameda,  on  March  21, 
A.D.  1859,  in  Liber  H  of  Deeds,  page  717,  and  also  in  a 
certain  other  deed  bearing  date  August  10,  A.D.  1864, 
made  and  executed  by  the  said  Orrin  Simmons  and  Hannah 
his  wife,  to  the  party  of  the  first  part  herein,  and  recorded 
in  the  County  Recorder's  office  aforesaid,  on  August  19, 
A.D.  1864,  in  Liber  P  of  Deeds,  page  687,  to  both  of 
which  said  deeds,  for  greater  certainty,  reference  is  hereby 
made,  together  with  all  right,  title,  and  interest,  possession, 
claim,  and  demand,  conveyed  to  the  party  of  the  first  part 
herein  by  the  said  last  above  mentioned  deed  from  the  said 
Orrin  Simmons  and  Hannah  his  wife,  of,  in,  and  to  all  that 
certain  portion  of  the  undivided  mountain  lands  herein 
above  referred  to,  which  had  been  included  and  inclosed 
within  a  fence  by  the  said  Simmons,  and  was  in  the  posses- 
sion of  and  occupied  by  the  said  Simmons  at  the  date  of 


170  UNIVERSITY  OF  CALIFORNIA. 

the  execution  and  delivery  by  himself  and  wife  of  the  said 
deed  last  above  mentioned,  and  since  then  continuously  has 
been  and  now  is  in  the  actual,  notorious,  and  exclusive 
possession  of  and  occupied  by  the  party  of  the  first  part 
herein . 

Fifth. — All  that  certain  other  piece  or  parcel  of  land 
situate,  lying,  and  being  in  the  City  of  Oakland,  County  of 
Alameda,  aforesaid,  bounded  and  described  as  follows:  On 
the  north,  by  Thirteenth  Street;  on  the  east,  by  Webster 
Street;  on  the  south,  by  Twelfth  Street,  and  on  the  west  by 
Franklin  Street,  being  block  number  one  hundred  and 
seventy-three  (173)  as  designated  and  numbered  on  a  cer- 
tain map  of  the  said  City  of  Oakland,  made  by  the  said 
Julius  Kellersberger,  and  on  file  in  the  County  Recorder's 
office  in  and  for  the  County  of  Alameda,  aforesaid;  together 
with  all  and  singular  the  tenements,  hereditaments,  and 
appurtenances  thereunto  belonging  or  in  anywise  apper- 
taining, and  the  reversion  and  reversions,  remainder  and 
remainders,  rents,  issues,  and  profits  thereof;  and,  also,  all 
the  estate,  right,  title,  interest,  property,  possession,  claim, 
and  demand  whatsoever,  as  well  in  law  as  in  equity,  of  the 
party  of  the  first  part,  of,  in,  and  to  the  above  described 
lands  and  premises,  and  every  part  and  parcel  thereof,  with 
the  appurtenances. 

To  have  and  to  hold,  all  and  singular,  the  above  men- 
tioned and  described  lands  and  premises,  together  with  the 
appurtenances,  unto  the  party  of  the  second  part  and  to  its 
successors  and  assigns  forever;  in  trust,  however,  for  the 
Conditions  several  interests  and  purposes  following,  that  is  to  say:  In 
trust  to  sell,  mortgage,  or  dispose  of  the  said  lands  and 
premises,  or  any  part  thereof,  at  such  time  or  times,  and  at 
such  price  or  prices,  and  on  such  terms  as  it,  the  party  of 
the  second  part,  shall  deem  best,  and  to  give  good  and  valid 
title  to  the  purchaser  or  purchasers  thereof,  without  requir- 
ing the  said  purchaser  or  purchasers  to  look  to  the  applica- 
tion of  the  purchase  money  paid  or  to  be  paid  therefor,  and 


REGENTS1  MANUAL.  171 

out  of  the  proceeds  thereof  to  retain  and  repay  the  advances 
made  or  to  be  made  by  the  party  of  the  second  part  in  the 
payment  of  the  indebtedness  mentioned  in  the  resolution 
herein  above  set  forth,  and  the  balance  of  said  proceeds  to 
use,  bestow,  invest,  and  reinvest  for  its,  the  party  of  the 
second  part,  own  use  and  purposes,  and  until  such  sale, 
mortgage,  or  disposition  of  said  lands  and  premises  to  take, 
receive,  hold,  and  in  all  respects  manage  the  same. 

[Duly  executed  and  recorded,  Liber  55  of  Deeds,  p.  227,  Alameda 
County  Records.] 

3.— College  of  California  to  the  State. 

This  indenture,  made  the  twenty-seventh  day  of  Novem- 
ber, in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  sixty-nine,  between  the  President  and  Board  of 
Trustees  of  the  College  of  California,  a  corporation  duly 
formed  and  existing  under  the  laws  of  the  State  of  Cali- 
fornia, the  party  of  the  first  part,  and  the  State  of  Cali- 
fornia, represented  by  the  Regents  of  the  University  of 
California,  a  corporation  duly  formed  and  existing  under 
the  laws  of  said  State,  the  party  of  the  second  part,  wit- 
nesseth:  That  the  said  party  of  the  first  part,  for  and  in 
consideration  of  the  sum  of  one  dollar,  lawful  money  of  the 
United  States  of  America,  to  it  in  hand  paid  by  the  said 
party  of  the  second  part,  at  or  before  the  ensealing  and 
delivery  of  these  presents,  the  receipt  whereof  is  hereby 
acknowledged,  hath  granted,  bargained,  and  sold,  and  by 
these  presents  doth  grant,  bargain  and  sell  unto  the  said 
party  of  the  second  part,  and  to  its  successors  and  assigns 
forever,  all  the  right,  title,  and  interest  of  the  said  party  of 
the  first  part  of,  in,  and  to  all  that  certain  tract,  piece,  or 
parcel  of  land  situated,  lying,  and  being  in  Oakland  Town- 
ship, in  the  County  of  Alameda,  and  State  of  California, 
bounded  and  described  as  follows:  *  *  *  containing  ten 
acres  of  land  and  being  a  portion  of  said  plat  number  69 
(sixty-nine).  Together  with  all  and  singular  the  tene- 


172  UNIVERSITY  OF  CALIFORNIA. 

ments,  hereditaments,  and  appurtenances  thereunto  belong- 
ing, or  in  anywise  appertaining,  and  the  reversion  and 
reversions,  remainder  and  remainders,  rents,  issues,  and 
profits  thereof;  and.  also,  all  the  estate,  right,  title,  inter- 
est, property,  possession,  claim,  and  demand  whatsoever,  as 
well  in  law  as  in  equity,  of  the  said  party  of  the  first  part, 
of,  in,  or  to  the  above  described  premises,  and  every  part 
and  parcel  thereof,  with  the  appurtenances. 

To  have  and  to  hold  all  and  singular  the  above  mentioned 
and  described  premises,  together  with  the  appurtenances, 
unto  the  said  party  of  the  second  part,  its  successors  and 
assigns  forever. 

[Duly  executed  and  recorded  December  3,  1869,  in  Liber  48  of 
Deeds,  p.  441,  Alameda  County  Eecords.] 

4.— College  of  California  to  the  State. 

This  indenture,  made  the  twenty-sixth  day  of  November, 
A.D.  1869,  between  the  President  and  Board  of  Trustees 
of  the  College  of  California,  a  corporation  organized  and 
existing  under  the  laws  of  the  State  of  California,  the  party 
of  the  first  part,  and  the  State  of  California  represented  by 
the  Regents  of  the  University  of  California,  a  corporation 
duly  formed  and  existing  under  the  laws  of  said  State,  the 
party  of  the  second  part,  witnesseth:  That  the  said  party 
of  the  first  part,  for  and  in  consideration  of  the  sum  of 
twenty-four  thousand  six  hundred  dollars,  lawful  money  to 
it  in  hand  paid  by  the  said  party  of  the  second  part,  at  or 
before  the  ensealing  and  delivery  of  these  presents,  the 
receipt  whereof  is  hereby  acknowledged,  hath  granted,  bar- 
gained and  sold,  conveyed  and  confirmed,  and  by  these 
presents  doth  grant,  bargain,  and  sell,  convey  and  confirm 
unto  the  said  party  of  the  second  part,  its  successors  and 
assigns  forever,  all  those  certain  tracts,  pieces,  or  parcels  of 
land  situate,  lying,  and  being  in  the  Township  of  Oakland, 
County  of  Alameda,  and  State  of  California,  bounded  and 
particularly  described  as  follows: 


REGENTS'  MANUAL.  173 

First. — *  *  *  Being  a  portion  of  plat  number  70  (sev- 
enty) on  said  map. 

Second. — *  *  *  Being  portions  of  plats  numbers  79 
(seventy-nine)  and  81  (eighty-one)  on  said  map. 

Said  two  tracts  of  land  containing  together  thirty- one 
acres  and  seventy- three  hundredths  of  an  acre  of  land; 
together  with  all  and  singular  the  tenements,  heredita- 
ments, and  appurtenances  thereunto  belonging  or  in  any 
wise  appertaining,  and  the  reversion  and  reversions,  remain- 
der and  remainders,  rents,  issues,  and  profits  thereof;  and 
also  all  the  estate,  right,  title,  and  interest,  property,  pos- 
session, claim,  and  demand  whatsoever,  as  well  in  law  as 
in  equity,  of  the  said  party  of  the  first  part  of,  in,  or  to  the 
above  described  and  hereby  granted  and  released  premises, 
and  every  part  and  parcel  thereof,  with  the  appurtenances. 

To  have  and  to  hold  all  and  singular  the  above  mentioned 
and  described  premises,  together  with  the  appurtenances, 
unto  the  said  party  of  the  second  part,  its  successors  and 
assigns  forever. 

[Duly  executed  and  recorded  in  Liber  48  of  Deeds,  pp.  435-36-37, 
of  the  Alameda  County  Eecords.] 

See  above  p.  29. 

5.— Acceptance  of  Donations  from  the  College  of  California. 

Resolved,  That  the  Board  of  Regents  take  this  occasion 
to  repeat  the  expression  of  their  profound  appreciation  of 
the  far-seeing  public  spirit,  devotion  to  learning,  and  the 
good  of  the  commonwealth  manifested  by  the  Trustees  of 
the  College  of  California  in  the  resolutions  passed  by  their 
Board,  August,  [October  ninth]  eighteen  hundred  and  sixty- 
seven,  to  wit: 

"  Resolved,  That  the  President  and  Board  of  Trustees  of 
the  College  of  California  hereby  offer  to  donate  and  convey 
to  the  State  Board  of  Directors  of  the  Agricultural,  Mining, 
and  Mechanical  Arts  College,  one  hundred  and  sixty  acres 


174  UNIVERSITY  OF  CALIFORNIA. 

of  land  in  the  Township  of  Oakland,  Alameda  County, 
including  the  lands  between  the  two  ravines,  commonly 
known  as  the 'California  College  site,  for  the  site  and  farm 
of  the  said  State  College.  Resolved,  That  in  making  this 
donation  the  College  of  California  is  influenced  by  the 
earnest  hope  and  confident  expectation  that  the  State  of 
California  will  forthwith  organize  and  "put  into  operation 
upon  this  site  a  University  of  California,  which  shall 
include  a  College  of  Mines,  a  College  of  Civil  Engineering,  a 
College  of  Mechanics,  and  [a]  College  of  Agriculture,  and  an 
Academical  College,  all  of  the  same  grade,  and  with  courses 
of  instruction  equal  to  those  of  Eastern  Colleges.  Resolved, 
That  the  President  and  Secretary  of  this  Board  be  author- 
ized to  enter  into  a  contract  [on  behalf  of  this  corporation] 
with  the  State  Board  of  Directors  of  the  Agricultural, 
Mining,  and  Mechanical  Arts  College  to  the  effect  that 
whenever  a  University  of  California  shall  be  established  as 
contemplated  in  the  next  preceding  resolution,  then  the 
College  of  California  will  disincorporate,  and,  after  dis- 
charging all  its  debts,  pay  over  its  net  assets  to  said 
University;"  and  that  we  recognize  in  these  resolutions 
the  incipient  germ  of  the  State  University. 

Acceptance  of  Resolved,  That  in  view  of  the  important  trusts  pros- 
trusts  pectively  confided  to  us  by  these  resolutions,  we  do  hereby 
signify  to  the  Trustees  of  the  College  of  California  our 
sense  of  responsibility,  and  our  purpose  and  intent  to 
preserve,  cherish,  and  carry  forward  to  posterity  these 
trusts  in  the  same  enlightened  spirit  in  which  they  are 
confided  to  us. 

Resolved,  That  for  the  purpose  of  simplifying  our 
relations,  and  for  the  greater  facility  in  the  management 
of  our  affairs,  we  do  hereby  express  to  the  Trustees  of  the 
College  of  California  our  readiness  now  to  conclude  the 
transaction  by  which  their  Institution  and  its  effects  are  to 
be  transferred  to  the  University. 


REGENTS'  MANUAL.  175 

Resolved,  That  the  Regents  will  in  case  of  these  con- 
clusive acts,  carry  forward  without  interruption,  as  classes 
in  the  University  those  now  in  the  College  of  California, 
and  such  as  may  join  them,  in  the  buildings  of  the  College 
of  California  until  this  Board  shall  be  ready  to  receive 
those  classes  and  students  in  the  contemplated  University 
buildings  at  Berkeley. 

Resolved,  That  if  the  Trustees  of  the  College  of  California 
are  pleased  to  accept  the  proposal  and  stipulations  made  in 
these  resolutions,  we  do  hereby  request  them  to  signify  the 
same  to  this  Board,  and  to  communicate  their  wishes 
concerning  time,  place,  and  occasion  for  that  important 
transaction. 

[April  5,  1869.] 


CHAPTER  II. 

LICK    TRUST. 

1.— The  James  Lick  Trust. 

OFFICE  OF  THE  BOARD  OF  TRUSTEES  OF  THE 

"JAMES  LICK  TRUST," 
SAN  FRANCISCO,  November  1,  1875. 
To  the  Regents  of  the   University  of  California: 

GENTLEMEN:  I  am  instructed  by  the  Board  of  Trustees 
of  the  "Lick  Trust,"  to  inform  you  that  you  are  one  of  the 
beneficiaries  of  the  Trust. 

The  terms  of  the  Trust  in  your  favor  are  to  be  found  in 
the  following  extract  from  the  Trust  Deed,  viz.: 

"  Third — To  expend  the  sum  of  seven  hundred  thousand  Trust 
dollars  ($700,000)  for  the  purpose  of  purchasing  land  and  Provisions 
constructing   and   putting  up   on  such   land   as  shall   be 
designated   by   the    party   of   the   first   part,    a   powerful 
telescope,  superior  to  and  more  powerful  than  any  telescope 

REGENTS'  MANUAL— 12 


176  UNIVERSITY  OF  CALIFORNIA. 

ever  yet  made,  with  all  the  machinery  appertaining  thereto 
and  appropriately  connected  therewith,  or  that  is  necessary 
and  convenient  to  the  most  powerful  telescope  now  in  use  or 
suited  to  one  more  powerful  than  any  yet  constructed;  and 
also  a  suitable  observatory  connected  therewith.  The  par- 
ties of  the  second  part  hereto  and  their  successors  shall,  as 
soon  as  said  telescope  and  observatory  are  constructed, 
convey  the  land  whereupon  the  same  may  be  situated,  and 
the  telescope,  observatory,  and  all  the  machinery  and 
apparatus  connected  therewith,  to  the  corporation  known 
as  the  '  Regents  of  the  University  of  California ; '  and  if 
after  the  construction  of  said  telescope  and  observatory, 
there  shall  remain  of  said  seven  hundred  thousand  dollars 
in  gold  coin  any  surplus,  then  said  parties  of  the  second 
part  shall  turn  over  such  surplus  to  said  corporation,  to  be 
invested  by  it  in  bonds  of  the  United  States,  or  of  the  City 
and  County  of  San  Francisco,  or  other  good  and  safe 
interest-bearing  bonds,  and  the  income  thereof  shall  be 
devoted  to  the  maintenance  of  said  telescope  and  the 
observatory  connected  therewith,  and  shall  be  made  useful 
in  promoting  science;  and  the  said  telescope  and  observa- 
tory are  to  be  known  as  'The  Lick  Astronomical  Depart- 
ment of  the  University  of  California.'  " 

I  am  further  instructed  to  say,  that  Mr.  Lick  has 
selected  as  the  site  of  the  observatory,  a  section  of  land 
belonging  to  the  United  States,  situated  on  Mt.  Hamilton, 
in  Santa  Clara  County,  California.  We  desire  to  have  your 
cooperation  in  attaining  the  title  through  the  State  grant 
to  you. 

We  shall  be  pleased  to  hear  that  you  accept  the  dona- 
tion ;  and  also  in  what  manner  and  to  what  extent  you  are 
authorized  or  feel  disposed  to  assist  in  carrying  out  the 
views  of  the  beneficent  donor. 

I  have  the  honor  to  be,  very  respectfully,  your  obedient 
servant,  RICHARD  S.  FLOYD, 

President  of  the  Board  of  Trustees  of  the  Lick  Trust. 


REGENTS'  MANUAL.  177 


2.— Conveyance  of  Personal  Property  at  Mount  Hamilton. 

Know  all  men  by  these  presents:  That  we,  Richard  S. 
Floyd,  Charles  M.  Plum,  George  Schonewald,  and  Edwin 
B.  Mastick,  surviving  Trustees  of  the  trusts  declared  in  and 
by  a  conveyance  made  by  James  Lick  to  Richard  S.  Floyd, 
Faxon  D.  Atherton,  Senior,  Bernard  D.  Murphy,  John 
H.  Lick,  and  John  Nightingale,  bearing  date  the  twenty- 
first  day  of  September,  1875,  and  successors  in  said  trusts 
of  the  said  Floyd,  Atherton,  Murphy,  Lick,  and  Nightin- 
gale, parties  of  the  first  part,  in  pursuance  of  the  third 
trust  in  said  deed  declared,  have  granted,  arid  by  these 
presents  do  grant  and  convey  unto  the  Regents  of  the  Uni- 
versity of  California,  a  corporation,  the  part}'  of  the  second 
part,  all  the  personal  property  of  every  name  and  descrip- 
tion contained  in  the  inventory  hereto  annexed.  To  have 
and  to  hold  the  same  and  every  part  thereof  unto  the  said 
party  of  the  second  part  in  trust  for  "The  Lick  Astronorni-  Trust 
cal  Department  of  the  University  of  California."  provis 

In  Witness  Whereof,  we  have  hereunto  set  our  hands  and 
seals  this  eighteenth  day  of  May,  in  the  year  one  thousand 
eight  hundred  and  eighty-eight. 

RICHARD  S.  FLOYD. 

CHARLES  M.  PLUM. 

GEORGE  SCHONEWALD. 

EDWIN  B.  MASTICK. 

[Duly  attested.] 


3.— Conveyance  of  Real  Estate  at  Mount  Hamilton. 

This  indenture,  made  the  nineteeth  day  of  May,  one 
thousand  eight  hundred  and  eighty-eight,  between  Richard 
S.  Floyd,  Charles  M.  Plum,  George  Schonewald,  and  Edwin 
B.  Mastick,  surviving  Trustees  of  the  trusts  declared  in 
a  certain  conveyance,  made  by  James  Lick,  hereinafter 


178  UNIVERSITY  OF  CALIFORNIA. 

mentioned,  parties  of  the  first  part,  and  the  Regents  of 
the  University  of  California,  a  corporation,  parties  of  the 
second  part. 

Witnesseth,  that  whereas,  James  Lick,  by  a  conveyance 
duly  executed  under  his  hand  and  seal,  bearing  date  the 
twenty-first  of  September,  1875,  did  convey  unto  Richard 
S.  Floyd,  Faxon  D.  Atherton,  Senior,  Bernard  D.  Murphy, 
John  H.  Lick,  and  John  Nightingale,  certain  real  and  per- 
sonal property  in  such  deed  described,  in  trust,  to  sell  and 
dispose  of  the  same,  and  out  of  the  proceeds,  among  other 
things,  to  expend  the  sum  of  seven  hundred  thousand  dollars 
($700,000)  for  the  purpose  of  purchasing  land  and  con- 
Trust  structing  and  putting  up  on  such  land  as  should  be  desig- 
provisions  nated  by  him,  a  powerful  telescope,  superior  to  and  more 
powerful  than  any  telescope  ever  yet  made,  with  all  the 
machinery  appertaining  thereto,  and  appropriately  con- 
.nected  therewith,  or  that  is  necessary  and  convenient  to 
the  most  powerful  telescope  now  in  use,  or  suitable  to  one 
more  powerful  than  any  yet  constructed,  and  also,  a 
suitable  observatory,  connected  therewith,  and  as  soon  as 
the  telescope  and  observatory  should  be  constructed,  to 
convey  the  land  whereupon  the  same  may  be  situated,  and 
the  telescope,  observatory,  and  all  the  machinery  and 
apparatus  connected  therewith,  to  the  corporation  known 
as  the  Regents  of  the  University  of  California;  and 
whereas,  the  parties  of  the  first  part,  and  William  Sher- 
man, duly  succeeded  to  the  trusts  reposed  by  said  convey- 
ance in  the  said  Floyd,  Atherton,  Murphy,  Lick,  and 
Nightingale,  and  said  Sherman  has  since  deceased,  and 
said  parties  of  the  first  part,  are  the  surviving  Trustees  of 
said  trust;  and  whereas,  the  telescope  and  observatory,  so 
directed  to  be  constructed  by  them,  have  been  constructed 
upon  the  lands  hereinafter  described,  designated  for  that 
purpose,  by  said  James  Lick;  and  whereas,  there  was 
granted  to  the  said  parties  of  the  first  part,  by  an  Act  of 
the  Congress  of  the  United  States,  approved  June  7,  1876, 


REGENTS'  MANUAL.  179 

all  those  certain  pieces  and  parcels  of  land,  situate,  lying, 
and  being  in  the  County  of  Santa  Clara,  State  of  California, 
described  as  follows,  viz. : 

[See  above  p.  110,  and  SECRETARY'S  REPORT  for  1889,  pp.  141  ff.] 

Being  the  same  lands  upon  which  the  said 
observatory  and  telescope  have  been  erected  and  con- 
structed. Now,  the  said  parties  of  the  first  part,  in 
execution  of  the  trust  in  that  behalf  conferred  upon  them 
by  the  said  James  Lick,  and  in  pursuance  of  the  provisions 
of  said  Act  of  Congress,  grant  and  convey  the  said  last 
described  lands  to  the  said  party  of  the  second  part,  upon 
the  trusts  in  said  Act  declared,  subject  to  the  proviso  in 
said  Act  mentioned.  And  also,  the  said  lands  and  the 
telescope  and  observatory  situated  thereon,  and  all  the 
machinery  and  apparatus  connected  therewith.  And  also, 
all  those  certain  pieces  or  parcels  of  land,  situated  in  said 
County  of  Santa  Clara,  described  as  follows:  * 
Containing  about  30  (thirty)  acres. 

Together,  with  all  and  singular,  the  tenements,  heredita- 
ments, and  appurtenances  thereunto  belonging,  or  in 
anywise  appertaining,  and  the  reversion  and  reversions, 
remainder  and  remainders,  rents,  issues,  and  profits 
thereof. 

And  also  all  the  estate,  right,  title,  interest,  property, 
possession,  claim,  and  demand  whatsoever,  as  well  in  law 
as  in  equity,  of  the  said  parties  of  the  first  part,  of,  in,  or 
to  the  above  described  premises,  and  every  part  and  parcel 
thereof,  with  the  appurtenances. 

To  have  and  to  hold,  all  and  singular,  the  above  men- 
tioned and  described  premises,  together  with  the  appur- 
tenances, unto  the  said  party  of  the  second  part,  its 
successors  and  assigns,  forever. 

This  conveyance  is  made  without  any  warrant}'  what- 
ever, either  express  or  implied,  except  that  the  said  parties 


180  UNIVERSITY  OF  CALIFORNIA. 

of  the  first  part  undertake  hereby  to  convey  such  title  to 
the  said  lands  as  was  granted  or  conveyed  to  them  without 
incumbrance  made,  done,  or  created  by  them,  or  either  of 
them. 

In  Witness  Whereof,  the  said  parties  of  the  first  part 
have  hereunto  set  their  hands  and  seals,  the  day  and  year 

first  above  written. 

EICHARD  S.  FLOYD. 

CHARLES  M.  PLUM. 
GEORGE  SCHONEWALD. 
EDWIN  B.  MASTICK. 

[Duly  attested.] 

4.— General  Receipt  of  the  Regents  to  the  James  Lick  Trust. 

Whereas,  James  Lick,  by  a  conveyance  under  his  hand 
and  seal,  bearing  date  the  twenty-first  day  of  September, 
1875,  did  convey  unto  Richard  S.  Floyd,  Faxon  D.  Ather- 
ton,  Senior,  Bernard  D.  Murphy,  John  H.  Lick,  and  John 
Nightingale,  eertain  real  and  personal  property  in  such  deed 
described,  upon  trust,  to  sell  and  dispose  of  the  same,  and 
out  of  the  proceeds,  among  other  things,  "to  expend  the 
sum  of  seven  hundred  thousand  dollars  for  the  purpose  of 
purchasing  land  and  constructing  and  putting  up  on  such 
land  a  powerful  telescope,  superior  to,  and  more  powerful 
than  any  telescope  ever  yet  made,  with  all  the  machinery 
appertaining  thereto,  and  appropriately  connected  there- 
with, or  that  is  necessary  and  convenient  to  the  most 
powerful  telescope  in  use,  or  suitable  to  one  more  powerful 
than  any  yet  constructed,  and  also  a  suitable  observatory 
connected  therewith,  and  as  soon  as  the  telescope  and 
observatory  should  be  constructed,  to  convey  the  land 
whereupon  the  same  may  be  situated,  and  the  telescope, 
observatory,  and  all  the  machinery  and  apparatus  con- 
nected therewith,  to  the  corporation  known  as  the  Regents 
of  the  University  of  California;  and  if  after  the  construc- 
tion of  said  telescope  and  observatory  there  should  remain 


REGENTS'  MANUAL.  181 

of  said  seven  hundred  thousand  dollars  any  surplus,  that 
the  Trustees  should  turn  over  said  surplus  to  said  corpora- 
tion for  the  maintenance  of  said  telescope  and  observatory, 
and  for  the  uses  and  purposes  in  said  deed  particularly 
mentioned." 

And  whereas,  it  was  further  provided  in  said  conveyance 
that  the  said  Trustees,  after  discharging  the  trusts  and 
making  the  payments  therein  mentioned,  as  therein 
directed,  should  make  over  and  transfer  the  residue  of 
the  proceeds  of  the  property  thereby  conveyed  to  them, 
in  equal  proportions,  to  the  "California  Academy  of  Sci- 
ences" and  the  "Society  of  California  Pioneers,"  for  the 
purposes  in  that  behalf  in  said  deed  mentioned. 

And  whereas,  Richard  S.  Floyd,  William  Sherman, 
Charles  M.  Plum,  George  Schonewald,  and  Edwin  B. 
Mastick  duly  succeeded  to  the  trusts  reposed  by  said  con- 
veyance in  the  said  Floyd,  Atherton,  Murphy,  Lick,  and 
Nightingale,  and  said  Sherman  has  since  deceased,  leaving 
the  others  surviving  Trustees  of  said  trusts. 

And  whereas,  said  Trustees  have  constructed  such  teles- 
cope and  observatory  in  the  manner  by  said  deed  directed, 
and  have  duly  conveyed  the  land  whereupon  the  said 
observatory  is  situated,  and  the  observatory  and  telescope 
and  all  other  machinery  and  apparatus  connected  therewith 
to  the  said  corporation,  Regents  of  the  University  of 
California. 

And  whereas,  there  remains  of  the  seven  hundred  thou- 
sand dollars  after  the  construction  of  said  telescope  and 
observatory  a  large  sum  of  money;  upwards  of  one  hundred 
and  ten  thousand  dollars. 

And  whereas,  the  accounts  of  the  said  Trustees  concern- 
ing the  expenditures  on  and  about  the  acquisition  of  said 
land,  construction  of  said  telescope  and  machinery,  and 
erection  of  said  observatory,  have  been  duly  submitted  to 
the  said  corporation,  Regents  of  the  University,  and  also 


182  UNIVERSITY  OF  CALIFORNIA. 

to  the  California  Academy  of  Sciences,  and  the  Society  of 
California  Pioneers,  for  examination  and  settlement. 

And  whereas,  some  time  must  necessarily  elapse  before 
the  same  can  be  fully  adjusted;  and  the  Trustees  believing 
that  it  was  the  desire  and  intention  of  the  said  James  Lick 
that  all  of  the  seven  hundred  thousand  dollars  remaining 
after  such  expenditures  should  be  delivered  to  the  said 
corporation  for  the  uses  of  said  telescope  and  observatory 
in  the  interest  of  science,  so  soon  after  the  conveyance  of 
said  observatory  as  practicable,  and  the  Trustees  are 
desirous  of  now  paying  over  to  such  corporation,  of  such 
remainder,  the  sum  of  ninety  thousand  dollars,  leaving  in 
their  hands,  until  the  final  settlement  of  their  accounts, 
whatever  if  anything  may  be  coming  to  it,  and  the  said 
corporation  is  willing  to  receive  the  said  sum  of  money  in 
manner  and  form  aforesaid. 

Now  on  this  first  day  of  June,  1888,  the  said  Trustees 
have  paid  to  the  said  corporation,  Regents  of  the  University 
of  California,  on  account  of  the  remainder  of  said  seven 
hundred  thousand  dollars,  and  said  Regents  of  the  Univer- 
sity of  California,  a  corporation,  hereby  acknowledges  the 
receipt  from  said  Trustees  of  the  sum  of  ninety  thousand 
dollars  in  the  gold  coin  of  the  Government  of  the  United 
States,  in  satisfaction  to  that  extent  of  the  trusts  in  that 
behalf  declared  in  and  by  the  conveyance  hereinabove  just 
mentioned,  without  prejudice,  to  the  right  of  the  corpora- 
tion to  demand  and  receive  from  said  Trustees  such  addi- 
tional sum  of  money,  if  any,  which  on  a  settlement  and 
adjustment  of  the  accounts  of  the  Trustees  may  be  found 
to  be  due,  owing,  or  coming  to  such  corporation. 

Signed  in  duplicate. 

THE  REGENTS  OF  THE  UNIVERSITY  OF  CALIFORNIA. 
By  J.  H.  C.  BONTE, 

Secretary  Board  of  Regents. 


REGENTS'  MANUAL.  183 


5.— Land  of  Robert  F.  Morrow. 

THIS  AGREEMENT  made  this  thirtieth  day  of  March, 
A.D.  1886,  between  Robert  F.  Morrow,  the  party  of  the 
first  part  and  Richard  S.  Floyd,  Charles  M.  Plum,  Edwin 
B.  Mastick,  and  George  Schonewald,  as  Trustees  of  "The 
James  Lick  Trust"  the  parties  of  the  second  part, 

Witnesseth:  That  the  said  parties  of  the  second  part 
promise  to  buy  of  the  party  of  the  first  part  in  consideration 
that  the  party  of  the  first  part  agrees  to  sell  when  he  shall 
have  acquired  the  United  States  title,  the  following  described 
real  property,  to  wit: 

All  that  certain  parcel  of  land  situated  in  the  County  of 
Santa  Clara,  State  of  California,  and  described  as  follows, 
to  wit :  Commencing  at  the  northwest  corner  of  the  south- 
west quarter  of  Section  10  in  Township  7  south,  of  Range  3 
east,  Mount  Diablo  Base  and  Meridian,  thence  running  east 
1900  feet  more  or  less  to  a  six-inch  post  in  the  center  of  a 
stone  mound,  thence  in  a  southwesterly  direction  along  a 
post-and-wire  fence  1500  feet  more  or  less  to  a  point  in  the 
western  boundary  of  Section  10,  distant  1250  feet  more  or 
less  south  from  the  point  of  commencement;  thence  north 
along  said  western  boundary  of  said  Section  10,  1250  feet 
more  or  less  from  the  point  of  commencement,  being  a 
triangular  piece  of  land,  containing  about  thirty  acres. 

II.  Said  parties  of  the  second  part  agree  and  promise  to 
pay  for  said  land  to  the  party  of  the  first  part  the  sum  of 
one  dollar  in  lawful  money  of  the  United  States. 

III.  The  said  party  of  the  first  part  agrees  that  upon 
acquiring  the  United  States  patent  or  title  to  said  land  and 
upon  payment  to  him  of  the  said  sum  of  one  dollar,  he  will 
convey  the  said  real  property  and  deed  to  the  said  parties 

of  the  second  part,  their  successors  and  assigns,  in  trust  Trust 
for  the  purposes  and  uses  expressed  in  paragraph  third  of  Provision 


184  UNIVERSITY  OF  CALIFORNIA. 

the  trusts  specified  in  that  certain  deed  of  trust  made  by 
James  Lick  to  Richard  S.  Floyd  et  als,  .dated  September 
21st,  1875,  and  recorded  in  the  office  of  the  County 
Recorder  of  the  City  and  County  of  San  Francisco,  State  of 
California,  in  Liber  810  of  Deeds,  at  pages  26  et  seq.,  and 
also  recorded  in  the  said  County  of  Santa  Clara. 

The  said  land,  when  so  conveyed,  shall  be  free  from  all 
liens  and  incumbrances. 

Witness  the  hands  and  seals  of  the  parties  hereto  this 
thirtieth  day  of  March,  A.D.  1886. 

R.  F.  MORROW, 
R.  S.  FLOYD, 
CHARLES  M.  PLUM, 
E.  B.  MASTICK, 
GEORGE  SCHONEWALD. 

Assignment  For  value  received,  we,  Richard  S.  Floyd,  Charles  M. 
Plum,  Edwin  B.  Mastick,  and  George  Schonewald,  as 
Trustees  of  "The  James  Lick  Trust"  hereby  sell,  assign, 
transfer  and  set  over  unto  the  Regents  of  the  University  of 
California  the  within  agreement  whereby  Robert  F.  Morrow 
agreed  to  sell  and  convey  to  us  when  he  shall  have  acquired 
the  United  States  title,  the  real  property  in  said  agreement 
described,  and  all  our  right,  title  and  interest  therein  and 
thereto,  subject  only  to  the  payment  in  said  agreement 
required  by  us  to  be  made  to  him. 

•This  assignment  is  without  any  covenant  express  or 
implied  on  the  part  of  the  assignors. 

6. — James   Lick   Endowment. 

Investment  of  Lick  Observatory  Fund.  The  Law  Com- 
mittee report  that  in  their  judgment  it  is  necessary  that  the 
investment  of  the  surplus  of  the  $700,000  turned  over  to 
the  Regents  by  the  Board  of  Trustees  of  the  Lick  Trust 
should  be  made  in  "  good  and  safe  interest-bearing  bonds " 
of  a  public  character,  and  not  in  private  securities.  The 


MANUAL.  185 

examples  of  investment,  as  given  in  the  trust  deed  of  Mr. 
Lick,  are  "bonds  of  the  United  States,  or  of  the  City  and 
County  of  San  Francisco."  Your  committee  are  of  the 
opinion  that  these  are  significant  upon  the  point  that  the 
donor  had  in  his  contemplation  only  public,  as  distin- 
guished from  mere  private  securities.  [Adopted,  November 
13,  1888.] 

CHAPTER  III. 

SEARLES    TRUST. 

Gift  of  Property  by  Edward  F.  Searles.* 

Edward  F.  Searles  to  Regents  of  the  University  of 
California. 

This  indenture,  made  this  twenty-seventh  day  of  Feb- 
ruary, in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  ninety-three,  between  Edward  F.  Searles  of  Methuen, 
County  of  Essex,  State  of  Massachusetts,  the  party  of  the 
first  part,  and  the  Regents  of  the  University  of  California, 
a  corporation  under  the  laws  of  the  State  of  California,  the 
party  of  the  second  part, 

Witnesseth:  That  the  said  party  of  the  first  part  does 
by  these  presents  donate  and  grant,  convey  and  confirm 
unto  the  said  party  of  the  second  part  all  that  certain  lot, 
piece,  or  parcel  of  land  situate,  lying,  and  being  in  the 
City  and  County  of  San  Francisco,  State  of  California,  and 
bounded  and  particularly  described  as  follows,  to  wit: 
Beginning  at  the  southeasterly  corner  of  California  and 
Mason  streets;  thence  southerly  along  the  easterly  line  of 
Mason  Street  two  hundred  and  seventy- five  (275)  feet  to 
Pine  Street;  thence  easterly  along  the  northerly  line  of 
Pine  Street  two  hundred  and  six  (206)  feet  three  (3) 

*A11  the  documents  relating  to  this  gift  were  printed  in  the  SECRETARY'S 
REPORT  for  1893,  pp.  43  ff.  See  also  "Mark  Hopkins  Institute  of  Art"  in 
Part  VI. 


186 


UNIVERSITY  OF  CALIFORNIA. 


inches;  thence  northerly  on  a  line  parallel  with  said  Mason 
Street  two  hundred  and  seventy-five  (275)  feet  to  Cali- 
fornia Street;  and  thence  westerly  along  the  southerly  line 
of  California  Street  two  hundred  and  six  (206)  feet  three 
(3)  inches  to  the  place  of  beginning.  Together  with  all 
and  singular  the  tenements,  hereditaments,  and  appurten- 
ances thereunto  belonging  or  in  anywise  appertaining,  and 
the  reversion  and  reversions,  remainder  and  remainders, 
rents,  issues,  and  profits  thereof.  To  have  and  to  hold  all 
and  singular  the  said  premises,  together  with  the  appur- 
tenances, unto  the  said  party  of  the  second  part  forever, 
upon  the  following  trusts,  terms  and  conditions: 

First — For  the  exclusive  uses  and  purposes  of  instruc- 
Trustsand  tiou  and  illustration  of  the  fine  arts,  music,  and  literature, 
conditions  or  any  of  them,  including  the  maintenance  of  galleries, 

reading-rooms,  and  other  suitable  means  of  such  instruction 

and  illustration. 

Second — The  property  shall  be  forever  known  and 
designated  as  "The  Mark  Hopkins  Institute  of  Art." 

Third — The  said  property  hereby  conveyed  shall  be 
inalienable  by  said  grantee  either  by  way  of  grant  or 
mortgage,  and  in  case  of  any  breach  or  violation  of  this 
provision  or  of  the  trusts,  terms,  and  conditions  hereinbefore 
specified,  or  any  of  them,  or  whenever  the  property  hereby 
conveyed  cease  to  be  wholly  or  exclusively  used  for  the 
purposes  hereinabove  expressed,  the  same  and  every  part 
thereof,  with  all  improvements  and  appurtenances,  shall 
Reversion  revert  to  and  become  vested  in  the  above  named  donor, 
Edward  F.  Searles,  his  heirs  and  assigns. 

In  Witness  Whereof,  the  said  party  of  the  first  part  has 
hereunto  set  his  hand  and  seal,  the  day  and  year  first  above 
written.  EDWARD  F.  SEARLES. 

[Duly  attested.] 


REGENTS'  MANUAL.  187 

• 

CHAPTER  IV. 
FLOOD    ENDOWMENT. 

This  indenture,  made  the  thirtieth  day  of  September,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  ninety- 
eight,  between  Cora  Jane  Flood,  of  the  City  and  County  of 
San  Francisco,  State  of  California,  the  party  of  the  first 
part,  and  the  Regents  of  the  University  of  California,  a 
corporation,  the  party  of  the  second  part, 

Witnesseth:  That  the  said  party  of  the  first  part,  for 
and  in  consideration  of  the  deep  interest  which  the  said 
party  of  the  first  part  has  in  and  for  the  prosperity  and 
advancement  of  the  University  of  California,  as  also  for 
the  better  maintenance  thereof,  does  by  these  presents  give, 
grant,  alien,  and  confirm  unto  the  said  party  of  the  second 
part,  and  to  its  heirs  and  assigns  forever,  four  thousand 
shares  of  the  capital  stock  of  the  Bear  Gulch  Water  Com- 
pany, a  corporation,  and  also  all  those  certain  lots,  pieces, 
or  parcels  of  land  situate,  lying,  and  being  in  the  County 
of  San  Mateo,  State  of  California,  and  bounded  and  des- 
cribed as  follows,  to  wit.  *  *  *  * 

[The  deed  of  gift  is  printed  in  full  in  the  SECRETARY'S  REPORT  for 
1899,  pp.  72  ff.] 

Together  with  all  and  singular  the  tenements,  heredita- 
ments, and  appurtenances  thereunto  belonging,  or  in  any 
wise  appertaining,  and  the  reversion  and  reversions, 
remainder  and  remainders,  rents,  issues,  and  profits  thereof. 

To  have  and  to  hold,  all  and  singular  the  said  property 
and  premises,  together  with  the  appurtenances,  unto  the 
said  party  of  the  second  part,  its  successors  and  assigns 
forever,  subject  nevertheless  to  the  terms  and  conditions 
following,  to  wit: 

First — The  residence  now  standing  on  said  premises  and  Conditions 
the  ornamental  grounds  surrounding  the  same  shall  be  held 


188  UNIVERSITY  OF  CALIFORNIA. 

and  kept  in  good  order  for  fifty  years  from  and  after  the 
date  thereof. 

[NOTE  :  The  residence  and  ornamental  grounds  were  sold  to  Miss 
Flood  in  1903.] 

Second. — The  net  income  from  said  property  or  from  the 
proceeds  thereof  shall  be  devoted  to  some  branch  of  com- 
mercial education,  as  the  party  of  the  second  part  may 
determine. 

In  Witness  Whereof,  the  said  party  of  the  first  part  has 
hereunto  set  her  hand  and  seal,  the  day  and  year  first  above 

written. 

CORA  JANE  FLOOD. 

[Duly  executed.] 


CHAPTER    V. 
SUTRO    GIFT. 

l.— Deed  to  the  Regents  of  the  University  of  Land  Donated  by 
Hon.  Adolph  Sutro. 

This  Indenture,  made  and  entered  into  on  this  the  8th 
day  of  October,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  ninety-five,  between  Adolph  Sutro,  of  the  City 
and  County  of  San  Francisco,  State  of  California,  party  of 
the  first  part,  and  the  Regents  of  the  University  of  Cali- 
fornia, party  of  the  second  part. 

Witnesseth:  Whereas,  an  Act  entitled  "An  Act  appro- 
priating two  hundred  and  fifty  thousand  dollars  for  the 
erection  of  buildings  for  the  use  of  affiliated  and  other- 
departments  of  the  University  of  California"  was  duly 
passed  by  the  Legislature  of  the  State  of  California,  and 
approved  on  the  23d  day  of  March,  1895,  by  the  Governor, 
which  said  Act  is  in  words  and  figures  following,  to  wit: 

"The  People  of  the  State  of  California,  represented  in 
Senate  and  Assembly,  do  enact  as  follows: 


REGENTS'  MANUAL.  189 

Section  1.  The  sum  of  two  hundred  and  fifty  thousand 
dollars  is  hereby  appropriated  out  of  any  money  in  the 
State  Treasury  not  otherwise  appropriated,  to  be  paid  to 
the  Regents  of  the  University  of  California,  to  be  expended 
by  them  in  the  erection  of  buildings  grouped  together  on 
such  site  in  San  Francisco  as  the  Regents  may  select,  for 
the  use  of  the  professional  and  affiliated  colleges,  to  wit: 
The  Hastings  College  of  Law,  the  Medical  Department,  the 
College  of  Dentistry,  the  College  of  Pharmacy,  the  Bio- 
logical Laboratory,  University  Extension  Lectures,  and 
other  departments  of  the  University  of  California  con- 
ducted in  San  Francisco.  And  the  Controller  of  State  is 
hereby  authorized  and  directed  to  draw  his  warrants  for 
said  sum  at  such  times  and  in  such  partial  payments  as  he 
may  be  requested  by  said  Regents  of  the  University  of 
California,  and  the  Treasurer  of  the  State  is  hereby  directed 
to  pay  the  same;  provided,  however,  that  one  half  of  said 
sum  of  two  hundred  and  fifty  thousand  dollars  shall  be 
expended  during  the  forty-seventh  fiscal  year,  and  the 
other  half  during  the  forty-eighth  fiscal  year. 

"Section  2.  This  Act  shall  take  effect  and  be  in  force 
from  and  after  its  passage." 

And   whereas,    Adolph    Sutro,   party  of   the   first  part  Affiliated 
hereto,  has  offered   to  the  Regents  of  the  University  of  Colle8esite 
California  a  site  for  the  erection  of  buildings  to  be  grouped 
together  thereon  in  compliance  with  and  for  the  purposes 
mentioned  in  said  Act,  and  to  be  held  by  the  said  Regents 
of  the  University  of  California  under  certain  conditions — 
five   in    number — hereinafter   mentioned,  all   that  certain 
piece  or  parcel  of  land,  situate,  lying,  and  being  in  the 
said  City  and  County  of  San  Francisco,  State  of  California, 
particularly  described  as  follows,  to  wit: 

Commencing  at  the  southeast  corner  of  Fourth  Avenue 
and  J  Street;  thence  along  the  south  line  of  J  Street  north 
70°  19'  east,  eight  hundred  and  ninety-six  feet  seven  and 


190  UNIVERSITY  OF  CALIFORNIA. 

oue-half  inches  (896X  7£")  to  a  point  on  the  west  line  of 
First  Avenue,  if  the  same  were  continued  in  a  southerly 
direction;  thence  south  3°  15'  east,  being  a  line  in  con- 
tinuation of  the  west  line  of  First  Avenue,  seven  hundred 
and  eighty-seven  feet  six  inches  (787/  6") ;  thence  at  right 
angles  south  86°  45'  west,  eight  hundred  and  sixty  feet 
(860r)  to  the  east  line  of  Fourth  Avenue;  thence  at  right 
angles  and  following  along  the  east  line  of  Fourth  Avenue, 
five  hundred  and  thirty-three  feet  ten  inches  (533'  10")  to 
the  point  of  commencement.  Containing  an  area  of 
thirteen  and  forty-three  thousandths  (13.043)  acres;  the 
said  land  aforesaid  being  herein  referred  to  as  the  "Affiliated 
College  site." 

And  the  said  the  Regents  of  the  University  of  California, 
party  of  the  second  part  hereto,  have  duly  accepted  and  do 
hereby  duly  accept  the  said  offer  of  the  said  Adolph  Sutro, 
party  of  the  first  part,  with  the  said  conditions  hereto 
annexed,  as  aforesaid  in  that  behalf. 

The  conditions  aforementioned,  and  to  the  observance 
of  which  conditions,  and  each  and  every  one  thereof,  the 
said  the  Regents  of  the  University  of  California,  party  of 
the  second  part,  hereby — and  by  their  acceptance  of  this 
indenture  bind  themselves,  are  as  follows,  to  wit: 

First — That  said  Affiliated  College  site  is  to  be  devoted 

Conditions  exclusively  to  the  use  and  benefit  of  the  Affiliated  Colleges 

of  the  University  of  California,  and  no  building  shall  be 

placed  thereon  which  is  not  necessary  or  appropriate  for 

collegiate  purposes. 

Second — That  all  buildings  and  structures  erected  thereon 
shall  be,  as  far  as  practicable,  fire-proof  as  against  fire 
arising  internally  or  externally,  and  no  dwelling  or  resi- 
dence shall  be  placed  on  said  Affiliated  College  site,  except 
a  building  for  the  use  and  residence  of  the  janitors,  which 
building  shall  be.  as  far  as  practicable,  fire-proof,  and  so 


REGENTS1  MANUAL.  191 

far   removed  from  the  other   buildings  as  to  reduce  the 
danger  of  fire  therefrom  to  a  minimum. 

Third — That  no  building  erected  on  the  said  Affiliated 
College  site  shall  be  nearer  than  twenty-five  feet  to  the 
southerly  prolongation  of  the  westerly  line  of  First  Avenue. 

Fourth — That  the  College  buildings  must  be  erected  on 
said  Affiliated  College  site,  and  said  Affiliated  College  site 
and  buildings  must  be  used  solely  for  the  purposes  of 
Affiliated  Colleges  of  the  University  of  California. 

Fifth — That  work  on  said  buildings  mentioned  in  said 
Act  of  the  Legislature  must  be  commenced  by  the  party  of 
the  second  part  within  six  months  from  the  date  of  these 
presents,  and  said  College  buildings,  to  the  extent  of  the 
appropriation  heretofore  made  therefor  by  said  Act,  must 
be  completed  within  five  years  from  the  commencement  of 
the  work. 

And  the  said  "The  Regents  of  the  University  of  Cali- 
fornia," party  of  the  second  part,  having  duly  accepted  the 
said  offer  of  said  Adolph  Sutro,  party  of  the  first  part, 
subject  to  each  and  every  of  the  conditions  hereinbefore 
expressed: 

Now,  therefore,  the  said  Adolph  Sutro,  party  of  the  first 
part  aforesaid,  in  consideration  of  the  agreement  and 
promise  of  the  said  the  Regents  of  the  University  of  Cali- 
fornia, party  of  the  second  part,  to  erect  the  said  buildings 
for  said  collegiate  purposes,  and  to  faithfully  keep  and 
observe  all  and  singular  the  conditions  hereinbefore 
enumerated  and  set  forth,  has  granted,  sold,  and  conveyed, 
and  does  by  these  presents,  grant,  sell,  convey,  and  confirm 
unto  the  said  part}r  of  the  second  part,  the  Regents  of  the 
University  of  California,  the  land  and  premises  hereinbefore 
particularly  described,  containing  the  area  of  thirteen  and 
forty-three  thousandths  acres  of  laud,  together  with  all  and 
singular  the  tenements,  hereditaments,  and  appurtenances 

REGENTS'  MANUAL — 13 


192  UNIVERSITY  OF  CALIFORNIA. 

thereunto  belonging  or  in  any  wise  appertaining;  to  have 
and  to  hold  all  and  singular  the  said  premises,  together 
with  the  appurtenances,  unto  the  said  party  of  the  second 
part  and  their  successors  forever,  subject  to  the  conditions 
aforesaid ;  but  for  breach  upon  the  part  of  the  party  of  the 
second  part  of  any  of  said  conditions,  the  title  to  the  said 
Reversion  land  hereinbefore  described  shall  revert  to  and  vest  in  the 
said  party  of  the  first  part,  his  heirs  and  assigns. 

In  testimony  whereof,  the  said  party  of  the  first  part  has 
hereunto  set  his  hand  and  seal  at  the  City  and  County  of 
San  Francisco,  State  of  California,  the  day  and  year  first  in 
this  indenture  above  written. 

ADOLPH  SUTBO. 

[Duly  executed.] 


2.— Release  by  Mr.  Sutro. 

SAN  FRANCISCO,  May  2,  1896. 
To  the  Regents  of  the  University  of  California: 

To  the  deed  for  the  Affiliated  College  site  executed  by 
me  to  the  Regents  of  the  University  of  California,  dated 
October  8,  1895,  and  recorded  in  the  Recorder's  office 
of  the  City  and  County  of  San  Francisco,  State  of  Cali- 
fornia, on  the  same  day,  was  attached  the  condition  that 
work  on  the  College  buildings  must  be  commenced  within 
six  months  and,  to  the  extent  of  the  appropriation  therefor, 
completed  within  five  years  from  the  date  of  the  deed. 
That  condition  has  not  been  complied  with,  inasmuch  as 
the  work  on  the  buildings  has  not  been  commenced, 
although  six  months  from  the  date  of  my  deed  to  you 
have  elapsed. 

This  breach  in  one  of  the  conditions  of  the  deed  results 
in  the  reversion  to  me  of  the  title  to  the  site,  unless  I  grant 
an  extension  of  time  within  which  you  were  required  to 
commence  work. 


REGENTS'  MANUAL.  193 

You  have  requested  that  the  time  provided  in  the  deed 
for  the  commencement  of  the  work  be  extended  six  months. 
This  extension  of  six  months  additional  to  that  set  out  in   Extension 
the  deed  I  hereby  grant  you. 

Should  you  fail  to  commence  work  within  the  six 
months  additional — that  is,  on  or.  before  the  8th  day  of 
October,  1896 — then  it  is  understood  that  the  title  of  the 
property  reverts  to  me.  All  the  other  terms,  conditions, 
and  covenants  of  the  deed  heretofore  made  are  continued  in 
full  force  as  therein  made. 

Very  respectfully, 

ADOLPH  SUTRO. 

3.— Resolution  of  Regents. 

Be  it  resolved,  That  in  view  of  the  generous  dona- 
tion of  the  said  site  for  the  Affiliated  Colleges,  heretofore 
accepted,  and  the  noble  plans  undertaken  and  promised  by 
the  Hon.  Adolph  Sutro,  as  expressed  in  his  letters  above  set 
out,  for  founding  and  endowing  a  great  public  library  in 
connection  with  said  Colleges,  this  Board  does  now  grate- 
fully accept  said  undertakings  so  expressed  in  said  letters;  Acceptance 
and  in  consideration  therefor  will  proceed  to  erect  said 
College  buildings  upon  said  site  as  provided  by  law,  and 
will  earnestly  further  the  design  of  the  Hon.  Adolph  Sutro 
in  founding  and  completing  the  said  Library  and  Library 
building; 

Further  resolved,  That  this  Board  take  this  occasion  to 
express  its  profound  appreciation  of  the  public  spirit, 
devotion  to  learning,  and  the  good  of  the  commonwealth, 
so  splendidly  manifested  by  the  Hon.  Adolph  Sutro. 

[May  19,  1896.] 

[A  complete  account  of  the  negotations  with  Mr.  Sutro  may  be 
found  in  the  SECRETARY'S  EEPORT  for  1896,  pp.  85  ff.] 


194  UNIVERSITY  OF  CALIFORNIA. 


CHAPTER    VI. 
D.    O.    MILLS    ENDOWMENT. 

426  CALIFORNIA  STREET, 

SAN  FRANCISCO,  July  7,  1881. 

To  the  Board  of  Regents  of  the  University  of  California: 

Professorship  GENTLEMEN.-  My  interest  in  the  institution  over  which 
of  Philosophy  yQU  p^g^e,  an(j  a  desire  to  contribute  to  the  benefit  and 
support  of  good  learning,  prompt  me  to  propose  to  you  the 
establishment  of  a  permanent  foundation  in  the  nature  of 
a  trust  fund,  of  which  the  income  shall  be  applied  to 
the  maintenance,  in  the  University  of  California,  of  a 
Professorship  of  Intellectual  and  Moral  Philosophy  and 
Civil  Polity. 

Condition  The  sole  condition  that  I  shall  impose  upon  this  trust 

and  foundation  is  that  the  income  only  shall  be  devoted 
exclusively  to  the  support  of  this  professorship,  and  that 
any  surplus  shall  be  added  to  the  original  fund. 

While  I  propose  to  commit  this  trust  to  the  keeping  of 
the  Regents  of  the  University,  confiding  in  their  wisdom 
to  direct  it  to  the  promotion  of  the  studies  to  which  it  is 
dedicated,  and  to  the  steady  increase  of  human  thought 
and  progress,  and  would  limit  it  by  no  narrow  boundaries 
of  transient  opinion,  I  desire  to  record  my  views  as  to  the 
nature  of  this  professorship,  and  the  character  of  man  who 
should  be  called  upon  to  discharge  its  duties. 

The  studies  included  under  the  general  title  pertain 
especially  to  man,  his  intellectual,  moral,  and  social  being, 
and  can  never  cease  to  hold  a  high  place  in  human  learning, 
nor  to  have  a  great  influence  on  human  welfare.  In  the 
widest  and  most  liberal  meaning  they  underlie  laws, 


REGENTS'  MANUAL.  195 

manners,  and  religion,  and  in  effect  form  the  public 
opinion  of  the  world;  and  their  teacher  should  not  be  one 
who  merely  resorts  to  them,  takes  them  up,  or  incidentally 
adopts  them,  but  one  of  philosophic  spirit  who  shall  devote 
his  life  to  this  appropriate  field  of  influence  and  noble 
labor.  To  such  a  man  this  professorship  offers  oppor- 
tunities limited  only  by  his  own  genius  and  devotion. 

For  the  above  purpose,  I  inclose  herewith  my  check  for 
the  sum  of  seventy- five  thousand  ($75,000)  dollars,  and 
will  be  obliged  if  the  Board  will  signify  to  me  their  accept- 
ance of  the  trust. 

Hoping  that  this  may  result  .to  the  advantage  of  the 
State  and  to  the  University, 

I  remain,  gentlemen,  very  respectfully, 

D.  O.  MILLS. 

2.— Resolution  of  Regents. 

Resolved,  That  the  Regents  of  the  University  of  Cali- 
fornia do  accept  with  the  liveliest  emotions  and  the 
heartiest  gratitude,  the  munificent  gift  of  seventy-five 
thousand  ($75,000)  dollars  from  D.  O.  Mills,  upon  the 
conditions  expressed  in  his  letter  received  this  day,  to 
establish  a  Professorship  of  Intellectual  and  Moral  Phil- 
osophy and  Civil  Polity  in  this  University. 

Resolved,  That  in  recognition  of  the  living  interest  and 
broad  views  of  the  donor,  the  professorship  thus  endowed 
shall  bear  the  name  and  title  of  the  Mills  Professorship  of  Title  of  chair 
Intellectual  and  Moral  Philosophy  and  Civil  Polity  and 
that  the  wishes  of  Mr.  Mills  shall  be  consulted  in  the 
appointment  of  the  first  professor. 

Resolved,  That  the  Finance  Committee  be  instructed  to 
confer  with  Mr.  Mills  upon  the  best  means  of  investing  the 
above  endowment  fund. 


196  UNIVERSITY  OF  CALIFORNIA. 


3.— D.  0.  Mills  Endowment. 

WHEREAS,  The  D.  O.  Mills  Endowment  has  reached  an 
amount  in  excess  of  $100,000; 

Resolved,  That  the  sum  of   $100,000  be  reserved  as  a 
Permanent  permanent  fund  in  accordance  with  the  terms  of  the  endow- 
ment, and  that  the  Chairman   of  the  Finance  Committee 
notify  Mr.  Mills. 
[April  9,  1895.] 

4.— Addition  to  Mills  Endowment. 

SAN  FRANCISCO,  April  26,  1902. 
To  the  Board  of  Regents  of  the  University  of  California: 

GENTLEMEN:  Nearly  twenty-one  years  have  elapsed 
since  the  founding  in  the  University  of  the  chair  known, 
through  your  courteous  action,  as  the  Mills  Professorship 
of  Intellectual  and  Moral  Philosophy  and  Civil  Polity.  By 
your  wise  administration  of  the  fund  which  I  was  able  to 
offer  you  for  the  support  of  the  chair  and  its  objects,  the 
fund  has  itself  been  increased,  and,  supplemented  by 
judicious  subsidies  from  your  other  resources,  has  become 
the  basis  for  the  present  large  and  successful  Department 
of  Philosophy. 

Gratified  at  this  result,  and  aware  of  the  constantly 
increasing  need  of  a  greater  income  for  the  objects  of  the 
Department,  I  take  pleasure  in  offering  to  your  Board,  as 
an  addition  to  the  present  fund  of  $100,000,  the  income  of 
which  is  devoted  to  this  purpose,  the  sum  of  fifty  thousand 
($50,000)  dollars,  for  which  I  inclose  my  cheque. 

To  this  increase  of  the  original  foundation  I  attach  no 
Condition    other  condition  than  that  imposed  upon  the  original  trust 
in  my  letter  addressed  to  your  Board  under  date  of  July  7, 
1881,  to  which  I  here  beg  to  refer. 


REGENTS'  MANUAL.  197 

I  will  only  add,  that,  as  the  present  offer  is  intended 
to  be  a  real  increase  of  the  total  resources  now  applied  to 
the  support  of  the  Department  of  Philosophy,  I  assume 
that  the  annual  allowances  made  from  the  general  fund  of 
your  Board  in  furtherance  of  the  objects  of  the  Department 
will  continue  undiminished.  Further,  I  indulge  the  hope 
that  your  Board  will  second  my  addition  to  the  original 
foundation  by  such  increased  allowances  from  your  general 
fund  as  will  insure  the  continuous  growth  and  improve- 
ment of  the  Department,  and  a  remuneration  that  will 
retain  the  high  quality  of  professional  service  required  in 
its  staff  of  instruction. 

Continuing  to  believe  that  the  vigorous  maintenance 
of  such  a  Department  is  among  the  most  important  public 
objects  of  a  University,  especially  one  controlled  and  sup- 
ported by  the  State,  I  remain,  gentlemen, 

Very  respectfully  and  cordially  yours, 

D.  O.  MILLS. 

5. — Resolution  of  Regents. 

Resolved,  That  the  Regents  of  the  University  of  Cali- 
fornia accept,  with  the  strongest  sense  of  their  increased 
debt  of  gratitude,  the  superb  additional  gift  of  fifty 
thousand  ($50,000)  dollars  from  their  honored  fellow- 
citizen  and  former  colleague,  D.  0.  Mills,  upon  the  con- 
ditions implied  in  his  letter  of  April  26,  1902,  this  day 
received:  to  wit:  to  apply  thereof  the  interest  only  to  the 
exclusive  support  of  the  Mills  Professorship  and  its  proper 
objects,  as  the  latter  are  expressed  in  the  several  branches 
of  the  Department  of  Philosophy  established  in  the  Uni- 
versity through  his  original  foundation  of  July  7,  1881. 

Resolved,  That  in  expressing  to  Mr.  Mills  their  heartfelt 
thanks  for  this  fresh  exhibition  of  his  public  spirit,  the 
Regents  assure  him  that  they  will  cordially  cooperate  with 


198  UNIVERSITY  OF  CALIFORNIA. 

him  in  the  aims  for  which  he  has  thus  increased  his  foun- 
dation;  and  that  they  will   seek  so  to  administer  the  fund 
in  the  development  of  the  Department  of  Philosophy  as 
shall  fulfill  the  purposes  expressed  in  his  letter. 
[May  12,  1902.] 

CHAPTER  VII. 
JANE    K.    SATHER    ENDOWMENTS. 

WHEREAS,  Jane  K.  Sather  has  offered  certain  gifts  to 
this  corporation  for  certain  purposes  and  trusts  and  upon 
certain  conditions  by  a  written  communication  in  the  follow- 
ing language: 

"SAN  FRANCISCO,  CAL.,  October  9,  1900. 
"To  the  Regents  of  the  University  of  California: 

"GENTLEMEN:  As  a  resident  of  the  State  of  California, 
and  one  who  is  deeply  interested  in  its  welfare,  I  am 
desirous  of  encouraging  and  assisting  the  work  of  liberal 
education  which  is  now  being  carried  on  by  the  University 
of  California.  For  this  purpose  I  offer  you  the  following 
property : 

"Cash  $28,000.00 

"One  hundred  shares  of  the  stock  of  the  San  Fran- 
cisco National  Bank  and  two  hundred  shares  of 
the  Sather  Banking  Company  stock,  of  the 

value  of 20,000.00 

"One  hundred  shares  of  the  stock  of  the  Fireman's 

Fund  Insurance  Company,  of  the  value  of 21,000.00 

"Real  estate  in  the  town  of  Ashland,  Oregon,  of 

the  value  of 6,000.00 

"Total $75,000.00 

"This  property  I  offer  you  as  a  corporate  body  upon  the 
following  conditions  and  for  the  following  purposes: 

"That  it,  or  its  proceeds,  be  held  by  you  as  a  separate 
and  perpetual  fund,  the  income  whereof  shall  be  paid  to 
me  quarterly  during  my  life,  and  after  my  death  shall  be 


REGENTS'  MANUAL.  199 

devoted  by  you  to  the  perpetual  support,  maintenance,  and 
equipment   of   such   chair   in   a    department   of    classical  Chairof 
literature  at  the  University  of  California  as  you  in  your  ciassical 

Literature 

discretion  see  fit  to  establish  for  this  purpose,  such  chair  to 
be  known  as  the  Jane  K.  Sather  Chair,  and  such  fund  as 
the  Jane  K.  Sather  Chair  Fund.  You  are  to  have  the  full 
and  unrestricted  rights  of  control,  disposition,  and  owner- 
ship of  the  property  constituting  such  fund,  having  in 
mind  always  the  purpose  of  maintaining  a  perpetual  fund 
properly  invested  so  as  to  yield  an  income  for  the  purposes 
heretofore  mentioned. 

"I  also  offer  you  the  following  real  property  in  this 
State: 

"First — The  premises  in  the  City  of  Oakland  forming 
the  northwest  corner  of  Jefferson  and  Ninth  streets,  with  a 
frontage  of  seventy-five  feet  on  Ninth  Street  and  one 
hundred  feet  on  Jefferson  Street. 

"Second — The  premises  in  the  City  of  Oakland  on  the 
west  side  of  Broadway,  thirty-four  feet  north  of  Delger 
Street,  with  a  frontage  of  thirty- three  feet  and  a  depth  of 
one  hundred  and  thirteen  feet  six  inches. 

"Third — The  premises  in  the  City  of  Oakland  on  the 
westerly  side  of  Broadway  Street  one  hundred  feet  north  of 
Delger  Street,  with  a  frontage  of  fifty  feet  and  a  depth  of 
one  hundred  feet. 

"  Fourth — The  premises  in  the  City  of  Alameda  on  the 
easterly  side  of  Park  Street,  fifty  feet  south  of  Webb 
Avenue,  with  a  frontage  of  fifty  feet  and  a  depth  of 
approximately  one  hundred  feet. 

"  This  property  I  offer  to  you  as  a  corporate  body  upon 
the  following  terms  and  conditions : 

"That  you  have  the  full  and  unrestricted  rights  of 
control,  disposition,  and  ownership  of  this  property,  or  the 
proceeds  of  it,  but  that  during  my  life  you  are  to  hold  it, 


200 


UNIVERSITY  OF  CALIFORNIA. 


Law  Library 
Fund 


law  books 


or  the  proceeds  of  it,  as  a  separate  fund  and  keep  the  same 
invested  according  to  your  discretion  so  as  to  yield  as  large 
and  steady  an  income  as  is  possible  consistently  with  safe 
investment  and  pay  the  income  to  me  quarterly.  After  my 
death,  so  much  of  said  property,  or  the  proceeds  of  it,  as 
amounts  in  your  judgment  to  the  sum  of  ten  thousand 
dollars  ($10,000.00),  shall  be  by  you  set  aside  and  held  as 
a  separate  and  perpetual  fund  to  be  known  as  the  Jane  K. 
Sather  Law  Library  Fund,  the  income  whereof  shall  be 
devoted  by  you  to  the  perpetual  support  of  a  law  library  at 
the  University  of  California  by  way  of  the  purchase  of  law 
books  and  publications. 

"In  case  any  of  said  property,  or  the  proceeds  thereof, 
Remainder  for  remains  after  setting  aside  therefrom  the  fund  just  men- 
tioned, such  remainder  shall,  up  to  the  amount  of  ten 
thousand  dollars  ($10,000.00) ,  be  expended  by  you  in  the 
purchase  of  law  books  and  publications  for  the  purpose  of 
establishing,  adding  to,  or  maintaining  a  law  library  at  the 
University  of  California.  The  times  and  occasions  for 
expending  this  sum,  or  any  portion  or  portions  of  it,  shall 
be  entirely  within  your  discretion,  and  waiting  the  proper 
time  and  occasion  for  such  expenditures  you  shall  have  the 
right  to  invest  and  accumulate  the  said  sum,  or  the 
property  representing  it.  Each  book  or  publication  pur- 
chased with  these  gifts,  or  the  proceeds  thereof,  shall  be 
plainly  stamped  with  a  suitable  device  expressing  that  the 
same  has  been  purchased  with  funds  donated  by  me  to  the 
University  of  California. 

"In  case  any  of  said  property,  or  the  proceeds  thereof, 
remains  after  setting  aside  the  two  foregoing  sums  of  ten 
thousand  dollars  ($10,000.00)  each,  then  such  remainder 
shall  be  devoted  by  you  in  such  manner  and  at  such  times 
as  you  deem  best  to  the  advancement  and  support  of  the 
teaching  of  law  at  the  University  of  California,  in  which 
case  I  ask  you  to  take  such  means  of  permanently 
acknowledging  this  gift  as  you  may  deem  advisable. 


Books  to  be 
stamped 


Further 
remainder  for 
teaching  law 


REGENTS'  MANUAL.  201 

"Upon  receiving  word  from  you  of  your  acceptance  of 
these  gifts  upon  the  conditions  and  for  the  purposes  set 
forth,  I  will  deliver  to  such  officer  as  you  may  designate  to 
receive  the  same,  and  give  a  receipt  therefor  in  your  name 
and  on  your  behalf,  proper  instruments  of  transfer  to  you 
of  the  property  specified. 

"  With  the  sincere  and  deep  hope  that  these  gifts  may  be 
a  source  of  great  good  to  the  University,  and  through  it  to 
the  State,  I  remain, 

"Yours  very  respectfully, 

"JANE  K.  SATHER." 

AND  WHEREAS,  It  is  deemed  for  the  best  interests  of 
the  University  to  accept  this  very  generous  offer: 

Now,  therefore,  be  it  resolved,  That  said  offer  be  and  is  Acceptance 
hereby  accepted  by  this  corporation,  and  that  the  property 
offered  be  taken,  received,  held,  managed,  and  invested, 
and  the  proceeds  thereof  used,  bestowed,  and  applied  by 
this  corporation  for  the  purposes  and  trusts  and  upon  the 
conditions  prescribed  in  said  communication,  and  that  the 
President  of  the  University  and  the  Secretary  of  this  cor- 
poration be  authorized  in  its  behalf  to  receive  the  property 
so  offered  and  the  instruments  of  transfer  and  evidences 
thereof,  and  to  give  a  receipt  therefor  in  the  name  of  this 
corporation  and  under  its  seal,  specifying  that  the  said 
property  is  accepted  by  this  corporation  upon  the  conditions 
and  for  the  purposes  and  trusts  specified  in  the  said  com- 
munication. 

Be  it  further  resolved,  That  the  President  of  the  Uni- 
versity and  the  Secretary  of  this  corporation  be  directed 
and  authorized  to  transmit  to  Mrs.  Sather  a  communication 
in  the  behalf  of  this  corporation  and  under  its  seal  inform- 
ing her  of  the  acceptance  of  her  offer,  embodying  these 
resolutions . 

[October  9,  1900.] 


202  UNIVERSITY  OF  CALIFORNIA. 


2.— Communication  from  Mrs.  Sather. 

The  following  communication  from  Mrs.  Jane  K.  Sather 
was  submitted  to  the  Board: 

"In  October,  1900,  I  conveyed  to  you  certain  properties 

upon  certain  conditions  and  for  certain  purposes  set  out  in 

my  letter  of  acceptance  of  October  9,  1900.     Among  the 

properties  so  conveyed  was  certain  land  used  as  a  residence 

Property  in   in  Ashland,   Oregon.     I  was  at  the    time    occupying  the 

Ashland,      piace  as  a  summer  home,  and  because  of  this  it  seemed 

Oregon 

best  that  I  should  retain  the  legal  control  of  it  during  my 
life.  Accordingly  the  conveyance  to  you  of  this  property 
reserved  in  me  a  life  estate,  while  the  conveyances  of  the 
other  property  were  absolute.  I  have  since  given  up  any 
intention  of  personally  occupying  the  place  again  and  there 
is,  therefore,  no  longer  any  reason  why  I  should  retain 
any  legal  estate  in  the  property.  I  am  informed  that  if 
the  title  remains  as  it  is  now  some  expense  and  trouble 
will  be  necessary  at  my  death  in  order  that  the  record  may 
show  that  my  estate  has  come  to  an  end  and  that  you  are 
the  full  owners.  In  order  to  avoid  this  expense  and 
trouble  I  enclose  an  absolute  deed  of  the  property  to  you. 
You  are,  of  course,  to  hold  the  property  upon  the  condi- 
tions and  for  the  purposes  specified  in  the  letters  men- 
tioned. One  of  those  conditions  is  that  you  are  to  pay  me 
the  income  of  the  property,  or  its  proceeds,  during  my  life. 
This  deed  does  not  really  change  the  relations  between  us 
in  regard  to  this  property,  but  simply  avoids  the  necessity 
of  any  proceedings  at  the  time  of  my  death. 

"I  would  also  say  that  in  my  opinion  it  is  advisable  to 
sell  this  property  and  the  property  on  the  corner  of  Ninth 
and  Jefferson  Streets  in  the  city  of  Oakland,  if  a  price  can 
be  obtained  that  is  at  all  proportionate  to  the  income  those 
properties  yield.  *  *  *  I  would  suggest  that  you  ascertain 
what  price  can  be  obtained  for  those  properties  and  that 


REGENTS'  MANUAL.  203 

you  sell  them  if  a  reasonable  price  can  be  obtained.  I 
would  ask  you,  however,  to  advise  me  before  finally  con- 
eluding  a  sale." 

[Accepted  April  8,  1902.] 

3.— Jane  K.  Sather  Library  Fund. 

OAKLAND,  CALIFORNIA,  October  27,  1900. 

Benjamin  Ide  Wheeler, 

President  of  the  University  of  California. 
MY  DEAR  SIR:     I  give  and  deliver  to  you  as  representa- 
tive of   the  University  of   California   the  following  duly 
endorsed  notes  *   *  *  $5000,  *   *   *   $5000    *    *    *    with 
collateral,  Certificates  *  *  * 

This  gift  is  for  the  establishment  of  a  fund,  the  income  jane  K.  Sather 
of  which  is  to  be  used  for  the  purchase  of  books  for  the  Library  Fund 
library  of  the  University  of  California.     The  gift  of  these 
two  notes  is  absolute  and  I  shall  hope  to  receive  a  formal 
acknowledgment  of  this  gift  from  the  Regents  of  the  Uni- 
versity whenever  it  shall  be  convenient. 
Yours  very  sincerely, 

JANE  K.  SATHER. 

CHAPTER  VIII. 
TOMPKINS     ENDOWMENT. 

To  the  Regents  of  the  University  of  California: 

*  *  *  *  I  have  prepared,  and  now  offer  for  your 
acceptance,  a  deed  of  about  forty-seven  acres  of  land,  with 
good  title  and  free  from  incumbrauce,  at  the  junction  of 
Broadway  and  University  Avenue,  Oakland,  upon  the 
following  terms  and  conditions: 

You  shall  forthwith  establish,  and  as  soon  as  practicable,   Purpose 
fill  a  professorship  of  Oriental  Languages  and  Literature 
in  the  University  of  California,  with  the  same  salary  as  the 
other  regular  professorships. 


204  UNIVERSITY  OF  CALIFORNIA. 

You  shall  take  possession  of  the  land  conveyed  by  me, 
and  sell  the  same  as  rapidly  as  it  can  be  done  judiciously, 
until  you  shall  have  sold  the  whole,  or  enough  thereof  to 

Principal  produce  the  sum  of  fifty  thousand  dollars  in  gold  coin. 
All  the  money  so  realized  shall  be  set  apart  as  an  Endow- 
ment Fund  for  said  professorship.  It  shall  never  be  mixed 
with  other  funds  of  the  University,  or  loaned  in  whole  or 
in  part  to  any  other  fund,  or  to  the  University  itself,  in 
any  manner  or  on  any  pretext  whatsoever.  It  shall  be 

investment  kept  invested  in  mortgage  securities  upon  unincumbered 
productive  real  estate  within  the  limits  of  the  present 
County  of  Alameda.  If  the  income  shall  exceed  the  salary 

Surplus  of  the  professor,  the  surplus  shall  be  added  to  the  prin- 
cipal, to  provide  as  far  as  possible  for  the  time  when  the 
rates  of  interest  will  be  lower  than  they  now  are.  *  *  * 

The  salary  of  said  professor,  until  the  same  can  be  paid 
from  the  income  of  said  endowment  fund,  and  all  expenses 
of  the  execution  of  this  trust  or  of  the  investment  or 
reinvestment  of  the  fund,  shall  be  paid  by  the  Regents, 
and  no  money  thus  paid,  whether  for  salary  or  expenses, 
shall  be  deducted  from  said  fund,  or  the  subsequent  income 
thereof,  it  being  the  intention  hereof  that  neither  said  fund 
or  the  current  income  thereof  shall  ever  be  dimished  by 
any  claim  for  advances  made  on  its  account,  on  any 
pretext  whatsoever.  If  s-aid  professorship  shall  not  be 
kept  up,  or  the  conditions  hereinbefore  stated  shall  not  be 
complied  with,  said  land,  or  so  much  thereof  as  has  not 
been  sold,  and  the  proceeds  of  all  that  has  been  sold,  shall 

Reversion  forthwith  revert  to  me,  my  heirs  or  assigns,  and  shall  be 
conveyed  or  payed  over  by  said  Regents  without  delay. 

As  a  recognition  of  the  debt  of  humanity  to  the  great 
and  good  man  now  honoring  our  State  with  his  presence, 

Title  the    said  professorship   shall   be  known   as  the  "Agassiz 

Professorship  of  Oriental  Languages  and  Literature." 

As  the  department  thus  organized  will  at  first  not  be 
fully  employed,  I  hope  that  it  may  also  be  utilized  for  the 


REGENTS1  MANUAL.  205 

education  of  such  young  men  as  may  come  here  for  that 
purpose  from  Asia,  upon  such  terms  and  under  such 
restrictions  as  the  Regents  may  prescribe.  *  *  * 

EDWARD  TOMPKINS. 
OAKLAND,  Sept.  18,  1872. 

CHAPTER   IX. 

LAST    WILL    AND    TESTAMENT    OF 
J.    CLUTE    WILMERDING.* 

I,  J.  Clute  Wilmerding,  of  the  City  and  County  of  San 
Francisco,  State  of  California,  being  of  sound  and  dispos- 
ing mind  and  memory,  and  realizing  the  uncertainty  of 
human  life,  do  make,  publish,  and  declare  this  my  last 
will  and  testament,  in  the  manner  following,  that  is 
to  say:  *  *  * 

Sixth — I  give,  devise,  and  bequeath  to  the  Regents  of 
the  University  of  California  thje  sum  of  four  hundred 
thousand  ($400,000)  dollars,  upon  the  following  trusts  and 
conditions,  to  wit: 

To  establish  and  maintain  a  school,  to  be  called  "The  Condition 
Wilmerding   School   of    Industrial    Arts,"    to   teach  boys 
trades,  fitting  them  to  make  a  living  with  their  hands,  with 
little  study  and  plenty  of  work. 

Said  Regents  are  empowered  to  purchase  lands  and 
erect  thereon  suitable  workshops  and  places  of  instruction, 
and  to  equip  the  same  with  such  machinery,  tools,  and 
implements  as  in  their  judgment  may  be  necessary  and 
proper;  but  I  suggest  to  them  that  the  expenditure  for  the 
purchase  of  said  lands,  and  the  construction  and  equipment 
of  said  workshops  and  places  of  instruction,  be  kept  within 
such  bounds  as  that  the  portion  of  said  four  hundred 
thousand  ($400,000)  dollars  thereafter  remaining  shall  be 
able  to  produce  an  income  sufficient  to  forever  maintain 

*The  complete  will  is  printed  in  SECRETARY'S  REPORT  for  1894,  pp.  118  ff. 


206  UNIVERSITY  OF  CALIFORNIA. 

and  support  said  school.  Said  Regents  are  authorized  to 
invest  the  portion  of  said  fund  which  shall  remain  after  the 
purchase  of  said  land  and  the  erection  and  equipment  of 
said  workshops  and  places  of  instruction,  in  bonds,  mort- 
gages, or  other  interest-bearing  securities,  but  no  portion 
Restriction  of  said  fund,  or  of  the  income  which  may  be  derived  there- 
from, shall  be  used  for  or  diverted  to  any  purpose  other 
than  for  the  support  and  maintenance  of  said  school.  *  *  * 
In  Witness  Whereof,  I  have  hereunto  set  my  hand  and 
seal  this  eighth  day  of  February,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  ninety- three. 

J.  CLUTE  WILMERDING. 

[Duly  executed.] 


CHAPTER   X. 
BEQUEST    OF    MICHAEL    REESE. 

I  give  and  devise  to  the  corporation  known  as  the 
Regents  of  the  University  of  California  fifty  thousand 
dollars,  to  be  by  them  invested  in  the  founding  and  main- 
Reese  Library  taining  a  library,  to  be  known  and  called  the  Reese  Library 
of  the  University  of  California. —  [From  Will  of  Michael 
Reese.] 

CHAPTEE  XL 

LAST    WILL    AND    TESTAMENT    OF 
CHARLES    M.     HITCHCOCK. 

In  the  name  of  God.     Amen. 

I,  Charles  M.  Hitchcock,  of  the  City  and  County  of  San 
Francisco,  State  of  California,  being  of  sound  and  dispos- 
ing mind  and  memory,  do  make,  publish,  and  declare  my 
last  will  and  testament,  in  manner  and  form  following, 
to  wit:  *  *  * 

*  Printed  in  full  in  SECRETARY'S  REPORT  for  188G,  pp.  76  ff. 


REGENTS1  MANUAL.  207 

I  do  give,  bequeath,  and  devise  all  the  rest  and  residue 
of  my  estate,  real,  personal,  and  mixed,  wherever  the  same 
may  be  situate,  unto  my  executors  hereinafter  named,  upon 
the  terms,  trusts,  and  conditions  herein  expressed. 

That  is  to  say: 

Istly — During  the  present  coverture  of  my  daughter, 
Eliza  W.,  the  wife  of  B.  Howard  Coit,  now  residing  in  the 
City  of  San  Francisco,  that  they  shall  pay  to  my  said 
daughter  Eliza  W.,  out  of  the  income  of  said  estate,  the 
sum  of  two  hundred  and  fifty  dollars  per  month,  during 
the  life  of  her  present  husband,  for  her  sole  and  separate 
use  and  support,  to  be  free  and  clear  of  all  control, 
dominion,  or  interference  of  her  said  husband,  his 
assignees r  or  creditors.  I  hereby  invest  my  said  executors 
with  the  power  and  discretion  to  increase  this  monthly 
allowance  to  my  daughter  to  a  sum  not  exceeding  the 
income,  if  they  shall  be  satisfied  that  such  increase  is 
necessary  for  her  decent  maintenance,  or  the  support  of 
any  child  or  children  she  may  have  by  said  Coit,  but  not 
for  the  use,  benefit,  or  advantage  in  any  manner  of  her 
said  husband.  If  all  of  the  income  is  not  paid  to  her,  the 
remainder  thereof  shall  be  invested,  and  become  and  be 
treated  as  a  part  of  the  principal  of  said  estate. 

2ndly — That  should  my  said  daughter,  Eliza  W.,  survive 
her  present  husband,  that  they  pay  to  my  said  daughter  all 
the  income  from  said  estate,  for  and  during  her  natural  life. 

3rdly — Should  my  said  daughter  have  a  child  or  children 
by  her  present  or  any  future  husband,  and  such  child  or 
children  survive  my  said  daughter,  that  they  (my  said 
executors,  either  as  such  or  as  trustees),  shall  hold  said 
estate  for  the  use  and  benefit  of  such  child;  or  if  more  than 
one  of  such  children,  share  and  share  alike.  Should  such 
child  or  children  be  the  offspring  of  the  present  marriage  of 
my  daughter,  then  and  in  that  case  my  said  executors  or 
trustees  shall  hold  said  estate  in  their  hands  until  after  the 

REGENTS'  MANUAL— 14 


208  UNIVERSITY  OF  CALIFORNIA. 

death  of  said  B.  Howard  Coit;  and  after  his  death  the  same 
shall  be  paid  to,  or  transferred  or  conveyed  to,  such  child 
then  living,  or  its  guardian,  or  to  such  children  then  living, 
share  and  share  alike,  or  their  respective  guardians,  in  fee 
simple. 

4thly — In  the  event  of  the  death  of  my  said  daughter, 
without  leaving  issue  her  surviving,  all  that  portion  of  my 
estate  herein  devised  and  bequeathed  for  her  benefit  shall 
be  held  by  my  executors  or  trustees,  in  trust,  one  fourth 
•  part  thereof  to  be  divided  equally  between  my  brother. 
Josiah  H.  Hitchcock,  and  my  sister,  Sarah  A.  Culbertson. 
To  have  and  to  hold  to  themr  their  heirs  and  assigns,  one 
fourth  to  be  paid  or  transferred  or  conveyed  to  the  Univer- 
sity of  Maryland,  for  the  benefit  of  the  medical  department 
thereof,  and  the  other  half  thereof  to  be  used  by  my 
executors  or  trustees,  to  establish  a  professorship  in  the 
Professorship  University  of  California  for  free  lectures  upon  scientific 
and  practical  subjects,  but  not  for  the  advantage  of  any 
religious  sect,  nor  upon  political  subjects,  in  payments  to 
be  made  by  my  executors  or  trustees  to  my  daughter;  her 
sole  and  separate  receipt  therefor,  without  her  husband 
joining  therein,  and  without  any  legal  or  formal  acknow- 
ledgment thereof,  shall  be  the  only  sufficient  acquittance  to 
them  therefor.  *  v  * 

In  Testimony  Whereof,  I  hereto  sign  my  name  and  affix 
my  seal,  this  twenty-seventh  day  of  August,  1872. 

C.  M.  HITCHCOCK. 

*  *  *  I,  Charles  M.  Hitchcock,  of  the  Citv  and  County 
of  San  Francisco,  State  of  California,  being  of  sound  and 
disposing  mind  and  memory,  do  make,  publish,  and  declare 
the  following  to  be  a  codicil  to  my  last  will  and  testament, 
executed,  published,  and  declared  on  the  twenty-seventh 
day  of  August,  A.D.  1872.  *  *  * 

I  do  hereby  revoke  the  power  and  authority  given  to  my 
executors  or  trustees,  in  the  fifth  clause  of  my  said  will 


REGENTS'  MANUAL.  209 

to  increase  the  monthly  allowance  of  my  daughter,  Eliza 
W.  Coit,  over  and  above  the  sum  of  two  hundred  and 
fifty  dollars  per  month,  during  the  life  of  her  husband, 
B.  Howard  Coit,  and  during  the  life  of  her  said  husband, 
I  do  direct  that  she  be  allowed  no  greater  sum  than  two 
hundred  and  fifty  dollars  per  month.  *  *  * 

In  Witness  Whereof,  I  hereby  sign  my  name  this  tenth 
day  of  October,  1881. 

C.  M.  HITCHCOCK. 

[Duly  executed.] 

2.— Resolution  of  Regents. 

Be  it  resolved  by  the  Regents  of  the  University  of  Cali- 
fornia, That  it  is  for  the  best  interests  of  said  University 
to  sell  and  convey"  all  the  remainder  or  reversion  in  fee 
simple  of  said  University  in  and  to  all  of  the  property  of 
the  estate  of  Charles  M.  Hitchcock,  deceased,  situated  in 
the  City  and  County  of  San  Francisco,  State  of  California; 
in  the  County  of  Napa,  State  of  California;  in  the  counties 
of  Macon  and  Graham,  State  of  North  Carolina;  and  near 
Cold  Springs,  in  San  Jaciuto  County,  State  of  Texas;  or 
elsewhere  situated,  which  said  University  is  or  may  become 
entitled  to  under  and  by  virtue  of  the  last  will  and  testa- 
ment of  said  decedent,  which  said  last  will  and  testament 
was  admitted  to  probate  by  the  Superior  Court  of  the  State 
of  California  in  and  for  the  County  of  Napa,  on  the  27th 
day  of  April,  A.D.  1885;  and  be  it  further 

Resolved,  That  whereas,  Eliza  W.  Coit,  of  the  City  and 
County  of  San  Francisco,  State  of  California,  has  offered 
the  said  Regents  the  sum  of  seven  thousand  five  hundred 
(7,500)  dollars  for  said  property,  Henry  T.  Gage,  Presi- 
dent, and  W.  A.  McKowen,  Acting  Secretary,  of  said 
Regents  of  the  University  of  California,  be  and  they  are 
hereby  authorized  and  directed  to  make,  execute,  acknow- 
ledge, and  deliver  to  the  said  Eliza  W.  Coit,  for  and  on 


210  UNIVERSITY  OF  CALIFORNIA. 

behalf  of  the  Regents  of  the  University  of  California, 
and  as  its  act  and  deed,  a  grant,  bargain,  and  sale  deed  of 
conveyance  of  all  of  the  remainder  or  reversion  in  fee 
simple  of  said  University  in  and  to  all  of  said  property,  and 
said  Acting  Secretary  is  hereby  authorized  and  directed  to 
affix  its  corporate  seal  thereto. 

[The  deed  is  printed  in  SECRETARY'S  EEPORT  for  1901,  p.  64.] 

[April  9,  1901.] 


CHAPTER   XII. 

LAST    WILL    AND    TESTAMENT    OF 
GEORGE    MOREY    RICHARDSON/ 

I,  George  Morey  Richardson,  of  Berkeley,  Alameda 
County,  State  of  California,  make  this  my  last  Will  and 
Testament:  *  *  * 

Second — I  give  and  devise  to  The  Regents  of  the  Uni- 
versity of  California,  two  lots  or  parcels  of  land,  situated 
in    the    Highland    Tract,     Oakland    Township,    Alameda 
County,  State  of  California,  to  expend  the  income  there- 
from   or   from  the   proceeds  thereof,    when    sold,  for   an 
Richardson    annual  prize  known  as  the  "Richardson  Latin  Translation 
Latin  Prize,"  to  be  awarded  undergraduates  of  the  University  of 

Translation 

Prize  California  for  the  best  translation  of  classical  English  into 

Ciceronian  Latin.  *  *  * 

Sixth — I  give  to  the  Regents  of  the  University  of 
California  my  books  stored  in  cases  with  Sherwood  & 
Sherwood,  Market  Street,  San  Francisco,  California,  and 
also  the  case  with  its  contents,  stored  in  the  library  of  the 
University  of  California,  marked  "C,"  and  two  corded 
packages  and  contents  stored  in  the  same  place,  all  for  the 
library  of  said  institution.  *  *  * 

^Printed  in  full  in  SECRETARY'S  REPORT  for  1897,  p.  131. 


REGENTS'  MANUAL.  211 

Eighth — I  give  my  personal  effects  stored  with  Baum, 
Dwight  Way,  Berkeley,  California,  to  the  Regents  of  the 
University  of  California,  for  the  benefit  of  the  Latin 
Department  of  said  institution.  *  *  * 

In  Witness  Whereof,  I  have  hereunto  set  my  hand  and 
seal  at  Hartford,  in  the  State  of  Connecticut,  this  16th  day 

of  May,  1896. 

GEORGE  MOEEY  RICHARDSON. 

[Duly  executed.] 


CHAPTER  XIII. 

LAST    WILL    AND    TESTAMENT    OF 
HERMAN    ROYER.* 

I,  Herman  Royer,  a  single  man  about  forty-two  years  of 
age,  of  sound  and  disposing  mind  and  memory,  do  hereby 
make,  publish,  and  declare  this  to  be  my  last  will  and 
testament,  in  the  manner  following,  to  wit:  *  *  * 

Sixth — All  the  rest  and  residue   of   my   property   and 
estate  I  do  hereby  give,   devise,   and  bequeath   unto  the 
University  of  the  State  of  California  for  the  sole  purpose 
of  founding  a  professorship  of  "Political  Economy/'  and  Professorship 
for  no  other  purpose  whatever.     If  the  said  gift  and  devise  °f  Political 

Economy 

shall  for  any  reason  fail,  the  same  shall  revert  to  my  next 
of  kin.  *  *  * 

In  Testimony  Whereof,  I  have  hereunto  set  my  hand 
and  seal,  in  the  City  and  County  of  San  Francisco,  State 
of  California,  this  twenty-first  day  of  May,  A.D.  1879. 

HERMAN  ROYER. 

2.— Resolution  of  Regents. 

The  funds  devised  to  the  University  by  Herman  Royer, 
deceased,  together  with  such  other  funds  as  are  now 
available  for  that  purpose,  or  may  become  available  here- 

*  Printed  in  full  in  SECRETARY'S  REPORT  for  1899,  p.  118. 


212  UNIVERSITY  OF  CALIFORNIA. 

after,  in  aid  of  founding  a  Professorship  of  Political 
Economy,  shall  be  invested  so  as  to  produce  an  income; 
and  no  part  of  the  principal  funds  so  invested  shall  ever  be 
expended. 

[October  12,  1897.] 


CHAPTER  XIV. 
EXTRACT    FROM    WILL    OF    HAROLD    WHITING. 

Fourth — I  give  and  bequeath  to  Frank  Brewster  and 
Henry  Wheeler  the  sum  of  eighty  thousand  dollars 

($80,000),   in    trust   for  the  following  purposes,  namely: 

*  *  * 

(3)  If  there  should  be  no  issue  of  mine  living  at  the 
death  of  my  wife,  should  she  survive  me,  or  at  my  death, 
should  I  survive  her,  then  I  direct  my  said  trustees  to  pay 
over  the  principal  of  said  trust  fund  in  fee  as  follows, 
namely:  *  *  * 

whiting  Fund        Another   fourth    part    thereof   to    the    Regents    of   the 
for  Physics       University  of  California,  for  the  purpose  of  using  the  net 

Department 

income  of  said  fund  for  the  benefit  of  the  Physical  Depart- 
ment of  said  University;  requesting,  but  not  directing, 
said  Regents  to  pay  over  the  net  income  of  said  fund  to 
the  head  of  said  Department,  to  be  expended  by  him  in  his 
discretion;  said  fund  to  be  known  as  the  Whiting  Fund. 


REGENTS'  MANUAL.  213 

CHAPTER  XV. 
GIFT  OF  MR.   H.  WEINSTOCK. 

SACRAMENTO,  OAL.,  May  12,  1902. 
To  the  Regents  of  the  University  of  California: 
GENTLEMEN — I  hereby  beg  to  hand  you  a  certificate  of 
shares  of  preferred  stock  of   the   Weinstock-Lubin    Real 
Estate  Company  to  the  value  of  five  thousand  dollars,  as  a 
fund   for    the  establishment    of   a   lectureship  on  a   plan 
somewhat   similar   to   that   of   the   Ingersoll    Lectures   of 
Harvard  College:  that  is — one  lecture  to  be  delivered  each 
year,  on  such  day  as  may  be  designated  by  the  President 
of  the  University,  on  this  subject:   "The  Morals  of  Trade;"   Lectureship 
Said  lecture  not  to  form  a  part  of  the  usual  College  course,   °n  ^orals  of 

Trade 

nor  to  be  delivered  by  any  professor  or  tutor  as  part  of  his 
usual  routine  of  instruction,  though  any  such  professor  or 
tutor  may  be  appointed  to  such  service.  The  choice  of 
said  lecturer  is  not  to  be  limited  to  any  profession  or 
vocation,  but  may  be  that  of  either  a  professional  or  busi- 
ness man;  the  appointment  to  take  place  at  least  six 
months  before  the  delivery  of  said  lecture.  Not  to  exceed 
one-half  the  annual  income  of  said  shares  of  stock  may  be 
paid  to  the  lecturer  for  his  services,  the  remainder  to  be 
expended  in  the  publishment  and  gratuitous  distribution  of 
the  lecture,  a  copy  of  which  is  always  to  be  furnished  by 
the  lecturer  for  such  purpose.  The  same  lecture  to  be 
known  as  "Barbara  Weinstock  Lecture  on  the  Morals  of 
Trade."  Yours  truly, 

H.  WEINSTOCK. 

,  2.— Resolution  of  Regents. 

Resolved,    That   the   gift   made   by   Mr.    Weinstock  be  Acceptance 
gratefully  accepted  by  the  Board  of  Regents  and  applied  to 
the  purpose  indicated  by  him. 

[May  12,  1902.] 


214  UNIVERSITY  OF  CALIFORNIA. 

CHAPTER  XVI. 
FROM  THE  WILL  OF  F.   L.  A.   PIOCHE. 

I  give  and  bequeath  to  the  University  of  California, 
known  by  the  name  of  "Board  of  Regents  of  University," 
an  establishment  situate  and  about  to  be  founded  in  the 
County  of  Contra  Costa,  State  of  California,  all  the  paint- 
ings, sketches,  engravings,  drawings,  and  objects  of  art 
belonging  to  me,  and  which  at  the  time  of  my  death  will  be 
found  [at  the  time  of  my  death]  at  my  house  in  San 
Francisco,  at  New  Almaden,  or  elsewhere  in  the  State  of 
California.  I  also  give  and  bequeath  to  said  University  all 
the  books  and  various  works,  composing  my  library  at  San 
Francisco,  and  at  New  Almaden,  as  also  everything  that 
constitutes  my  mineralogical,  geological,  and  conchological 
collection  in  San  Francisco,  State  of  California. 

These  collections  are  partially  classed,  and  a  catalogue 
is  partially  made.  I  desire  that  they  should  be  placed 
in  a  special  portion  of  the  buildings  erected  or  to  be 
Conditions  erected  for  the  said  University,  and  that  the  room  or  place 
reserved  for  them  be  open  to  the  public  freely,  and  at  fixed 
and  frequent  periods,  as  is  the  case  with  the  museums  in 
Europe,  so  that  students  and  patrons  of  the  arts  and 
sciences  may  there  instruct  themselves  and  increase  the 
sphere  of  their  studies  and  their  knowledge  of  facts  that 
may  be  of  use  to  hasten  the  progress  and  development  of 
this  country  In  order  the  better  to  facilitate  the  execu- 
tion of  this  wish  of  mine,  I  make  a  donation  of  five 
thousand  dollars,  which  will  be  paid  by  my  testamentary 
executors  to  the  Treasurer  of  the  said  University,  in  gold 
coin  of  the  United  States,  and  placed  at  the  disposal  of  the 
Regents  and  Trustees,  to  cover  the  first  cost  for  arranging 
and  preserving  them — the  objects  composing  the  bequest 
and  present  made  by  me  to  the  University  of  California. 


REGENTS'  MANUAL.  215 


CHAPTER  XVII. 

GIFT  OF  LAND   IN    UKIAH    BY  THE   INTERNATIONAL 
GEODETIC  ASSOCIATION. 

TREASURY  DEPARTMENT, 
U.  S.  COAST  AND  GEODETIC  SURVEY, 

WASHINGTON,  January  4,  1900. 
President  BENJ.  IDE  WHEELER,  University  of  California: 

MY  DEAR  SIR: — The  International  Geodetic  Association, 
of  which  the  United  States  is  a  member,  undertook,  as  you 
doubtless  know,  during  last  year  a  .series  of  continuous 
observations  for  the  variations  of  latitude  in  different  parts 
of  the  earth. 

For  this  purpose,  it  has  established  observatories  on  the 
same  parallel  at  six  different  places.  Two  of  these  stations 
are  in  the  United  States — one  at  Gaithersburg,  Md.,  and 
the  other  at  Ukiah,  Cal.  The  association  has  purchased  a 
lot  of  about  two  acres  in  Ukiah,  upon  which  it  has 
erected  the  small  observatory  and  a  living  house  for 
the  observer.  When  the  land  was  purchased,  it  was  dis- 
covered that  the  laws  of  California  did  not  permit  the 
conveyance  of  the  title  to  such  a  body  as  the  International 
Geodetic  Association,  and  the  title  has  been  made  out  in 
my  name  for  the  time  being. 

I  have  suggested  to  Dr.  Helmert,  the  Director  of  the 
International  Geodetic  Association,  that  this  land  should 
be  conveyed  in  trust  to  the  University  of  California  for  the 
purposes  of  the  Association  during  the  time  that  it  shall  Trust 
continue  to  use  the  property,  which,  probably,  will  not  be 
more  than  ten  years,  and  that  when  the  Association  shall 
no  longer  need  the  property,  it  shall  be  available  for  the 
use  of  the  University. 


216  UNIVERSITY  OF  CALIFORNIA. 

I  shall  be  glad  to  know  whether  the  University  would 
accept  the  property  in  trust  for  the  purposes  now  in  use, 
and  if  so,  what  procedure  I  should  begin  to  convey  the 
title. 

I  regret  that  I  did  not  have  the  pleasure  of  seeing  you 
in  California  during  August  and  September  which  I  spent 
in  San  Francisco,  and  congratulate  you  on  the  auspicious 
future  which  the  University  is,  doubtless,  about  to  enter 
under  your  direction. 

I  am,  very  truly  yours, 

HENRY  S.  PRITCHETT, 

Superintendent. 

The  President  of  the  University  was  authorized  to 
execute,  on  behalf  of  the  Board  of  Regents  and  under 
the  advice  of  the  Attorney  of  the  Board,  all  papers  neces- 
sary to  make  an  arrangement  substantially  as  proposed  by 
the  Geodetic  Association. 

[January  25,  1900.] 

CHAPTER  XVIII. 
BERKELEY    HOSPITAL    ASSOCIATION. 

At  the  meeting  of  the  Board  held  December  9,  1902, 
resolutions  of  the  Berkeley  Hospital  Association,  offering 
to  transfer  to  the  Regents  the  sum  of  $1865.25,  the  balance 
of  all  funds  held  by  the  officers  of  the  association,  together 
with  a  communication  from  the  Prytanean  Society  offering 
an  additional  $666.53  if  the  Board  accepts  the  money  from 
the  Hospital  Association,  was  referred  to  this  Committee. 
We  recommend  that  both  of  these  sums  be  accepted  and 
used  for  the  purposes  specified  in  the  communications,  but 
Acceptance  with  the  understanding  that  the  Regents  will  not  accept 
any  responsibility  for  the  erection  and  equipment  of  a 
hospital. 

[Report  of  the  Finance  Committee;  concurred  in  June  9,  1903.] 


REGENTS'  MANUAL.  217 


CHAPTER  XIX. 

DEEDS    OF     LAND     FOR    USE    OF    AGRICULTURAL 
EXPERIMENT  AND  FORESTRY  STATIONS. 

l.— Tulare.* 

This  indenture,  made  this  eighth  day  of  June,  1888, 
between  James  L.  Gould,  of  Placer  County,  California, 
and  B.  F.  Moore,  of  Tulare  County,  California,  parties  of 
the  first  part,  and  "The  Regents  of  the  University  of 
California,"  a  corporation,  party  of  the  second  part, 
witnesseth:  That  the  said  parties  of  the  first  part,  for  and 
in  consideration  of  the  sum  of  five  dollars,  gold  coin  of  the 
United  States  of  America  to  them  in  hand  paid  by  the 
said  party  of  the  second  part,  the  receipt  whereof  is  hereby 
acknowledged,  do,  by  these  presents,  grant,  bargain  and 
sell,  convey  and  confirm  unto  the  said  party  of  the  second 
part,  and  to  its  successors  and  assigns,  forever,  all  that 
certain  lot,  piece,  or  parcel  of  land,  situate,  lying,  and 
being  in  the  County  of  Tulare,  State  of  California,  and 
bounded  and  partially  described  as  follows,  to  wit:  *  *  * 
To  have  and  to  hold,  all  and  singular,  the  said  premises, 
together  with  the  appurtenances,  unto  the  said  party  of 
the  second  part,  and  to  its  successors  and  assigns,  forever, 
upon  condition  that  the  same  shall  always  be  held  as  an  Condition 
" Agricultural  Experiment  Station,"  under  and  pursuant  to 
the  provisions  of  law  therefor,  and  if  said  laud  shall  cease 
to  be  occupied  and  used  continuously  for  said  specified 
purposes,  according  to  the  true  intent  and  meaning  of  the 
organic  Act  establishing  this  and  other  Agricultural 
Experiment  Stations,  then  the  same  shall  revert  to  the  Reversion 
said  parties  of  the  first  part,  their  heirs  and  assigns. 

*  Printed  in  full  in  SECRETARY'S  REPORT  for  1889,  p.  151. 


218  UNIVERSITY  OF  CALIFORNIA. 

In  Witness  Whereof,  we  have  hereunto  set  our  hands 
and  seals  the  day  and  year  above  written. 

J.   L.   GOULD. 
B.  F.  MOORE. 

[Duly  attested.] 
See  above  p.  48. 

2.—  Chino.* 

This  indenture,  made  this  fourteenth  day  of  August, 
1890,  between  Richard  Gird,  of  Chino,  San  Bernardino 
County,  California,  the  party  of  the  first  part,  and  "The 
Regents  of  the  University  of  California,"  a  corporation, 
party  of  the  second  part,  witnesseth:  That  the  said  party 
of  the  first  part,  for  and  in  consideration  of  the  sum  of  five 
dollars,  lawful  money  of  the  United  States  of  America,  to 
him  in  hand  paid  by  the  party  of  the  second  part,  the 
receipt  whereof  is  hereby  acknowledged,  does,  by  these 
presents,  grant,  bargain  and  sell,  and  convey  and  confirm 
unto  the  said  party  of  the  second  part,  and  to  its  successors 
and  assigns  forever,  all  those  certain  lots,  pieces,  or  parcels 
of  land  situate,  lying,  and  being  in  the  county  of  San 
Bernardino,  State  of  California,  being  portions  of  the 
Rancho  Santa  Ana  del  Chino,  and  bounded  and  particularly 
described  as  follows,  *  *  *  and  the  party  of  the  first  part 
also  grants,  bargains  and  sells,  and  conveys  and  confirms 
unto  the  party  of  the  second  part  three  inches  of  water, 
delivered  in  pipes  on  the  northeast  corner  of  the  tract 
hereby  conveyed  in  said  section  thirty-four  (34),  town- 
ship one  (1)  south,  range  eight  (8)  west,  San  Ber- 
nardino meridian;  together  with  all  and  singular  the 
said  premises,  together  with  the  appurtenances,  unto  the 
said  party  of  the  second  part,  and  to  its  successors  and 
assigns  forever,  upon  condition  that  the  same  shall  always 
Condition  be  held  as  an  "Agricultural  Experiment  Station,"  under 
and  pursuant  to  the  provisions  of  the  law  therefor;  and  if 

*  Printed  in  full  in  SECRETARY'S  REPORT  for  1891,  p.  29. 


REGENTS1  MANUAL.  219 

said  land  and  water  shall  cease  to  be  occupied  and  used 
continuously  for  said  specified  purposes,  according  to  the 
true  intent  and  meaning  of  the  organic  Act  establishing 
this  and  other  Agricultural  Experiment  Stations,  then  the 
same  shall  revert  to  the  said  party  of  the  first  part,  his  Reversion 
heirs  and  assigns. 

In  Witness  Whereof,  I  have  hereunto  set  my  hand  and 
seal  the  day  and  year  above  written. 

RICHARD  GIRD. 

[Duly  attested.] 

3.—  CMCO.* 

WHEREAS,  The  State  Board  of   Forestry   purposes   to  purpose 
establish  an  experimental  forest  station  at  or  near  Chico, 
County   of    Butte,    State   of    California,    occupying    and 
properly  improving  the  same  as  such,  including  the  avenue 
along  the  lumber  flume  leading  thereto; 

WHEREAS,  John  Bid  well  purposes  to  donate  to  the  State 
of  California  a  tract  of  land  for  the  purpose  of  establishing 
said  station,  including  the  right  of  way  (that  is  to  say,  via 
said  avenue  leading  from  the  town  of  Chico  thereto) ; 

Now,  therefore,  this  indenture,  made  this  second  day  of 
December,  A.D.  1889,  by  and  between  John  Bidwell,  the 
party  of  the  first  part,  and  the  State  of  California,  the 
party  of  the  second  part, 

Witnesseth:  That  the  said  party  of  the  first  part  hereby 
grants  to  the  party  of  the  second  part  all  that  certain  tract 
of  land  situate  in  the  county  of  Butte,  State  of  California, 
described  as  follows,  to  wit:  *  *  * 

To  have  and  to  hold  the  said  premises,  together  with 
the  appurtenances,  unto  the  said  partjr  of  the  second  part, 
its  successors  forever. 

In  Witness  Whereof,  the  grantor  has  hereto  set  his 
hand  and  seal  this  second  day  of  December,  A.D.  1889. 

JOHN  BIDWELL. 

[Duly  attested.] 
*  Printed  in  full  in  SECRETARY'S  REPORT  for  1894,  p.  110. 


220  UNIVERSITY  OF  CALIFORNIA. 


4.— Santa  Monica.* 

WHEREAS,  The  State  Board  of  Forestry  purposes  to 
establish  an  experimental  station,  at  or  near  Santa  Monica, 
in  the  county  of  Los  Angeles,  State  of  California;  and 

Purpose  WHEREAS,   John  P.  Jones   and  Arcadia  B.   de   Baker 

purpose  to  donate  to  the  State  of  California  a  tract  of  land 
•    for  the  purpose  of  establishing  said  station ; 

Notv,  therefore,  this  indenture,  made  this  27th  day  of 
August,  A.D.  1889,  by  and  between  John  P.  Jones  and 
Arcadia  B.  de  Baker  (wife  of  Robert  S.  Baker),  the  parties 
of  the  first  part,  and  the  State  of  California,  the  party  of 
the  second  part, 

Witnesseth:  That  the  said  parties  of  the  first  part  hereby 
grant  to  the  party  of  the  second  part  all-  that  certain  tract 
of  land  situate  in  the  county  of  Los  Angeles,  State  of 
California,  described  as  follows,  to  wit:  *  *  * 

To  have  and  to  hold  the  said  premises,  together  with  the 
appurtenances,  unto  the  said  party  of  the  second  part,  its 
successors  forever;  provided,  that  no  water  rights  of 
Rustic  Canon  shall  be  included  in  this  conveyance,  and  the 
Restriction  parties  of  the  first  part  shall  have  the  right  of  way  for 
water  pipe  and  wagon  road  across  said  land. 

In  Witness  Whereof,  the  said  parties  of  the  first  part 
have  hereunto  set  their  hands  and  seals,  the  day  and  year 
first  above  written. 

JOHN  P.  JONES, 

By  WALTER  VAN  DYKE, 

His  attorney  in  fact. 

ARCADIA  B.  DE  BAKER, 
By  ROBERT  S.  BAKER, 

Her  attorney  in  fact. 
[Duly  attested.] 


*  Printed  in  full  in  SECRETARY'S  REPORT  for  1894,  p.  108. 


•  REGENTS'  MANUAL.  221 

CHAPTER    XX. 
THE    PHEBE     HEARST    ARCHITECTURAL    PLAN. 

PALACE  HOTEL,  October  22,  1896. 
Regent  J.  B.  Reinstein, 

DEAR  SIR:  Referring  to  the  conversation  which  I  had 
last  week  with  yourself  and  Professor  William  Carey  Jones, 
I  desire  to  say  that  I  am  deeply  impressed  with  the  propo- 
sition now  before  the  Board  of  Regents  to  determine  upon 
a  comprehensive  and  permanent  plan  for  the  buildings  and 
grounds  of  the  University  of  California,  on  the  site  at 
Berkeley,  and  I  heartily  approve  of  the  idea. 

My  son  and  I  have  desired  to  give  some  suitable  memo- 
rial which  shall  testify  to  Mr.  Hearst's  love  for  and  interest 
in  this  State,  and  after  having  carefully  considered  the 
matter,  we  feel  that  the  best  memorial  would  be  one  which 
would  promote  the  higher  education  of  its  people.  And  I 
must  confess  that  the  absence  of  a  suitable  plan  for  the 
University  buildings  has  seemed  an  obstacle  in  the  way  of 
carrying  out  some  ideas  which  we  have  cherished. 

I  feel  now  so  imbued  with  the  importance  to  the  Univer- 
sity and  to  the  State  of  having  such  a  plan  that  I  should  be 
glad  to  aid  in  its  complete  and  speedy  realization.  I  may 
also  say  that  I  am  the  more  anxious  for  this,  as  I  have  in 
contemplation  the  erection  of  two  buildings,  one  of  them  to 
be  the  memorial  referred  to. 

I  would,  therefore,  suggest  that  I  be  permitted  to  con- 
tribute the  funds  necessary  to  obtain,  by  international 
competition,  plans  for  the  fitting  architectural  improvement 
of  the  University  grounds  at  Berkeley.  While  I  under- 
stand from  you  that  such  plans  can  be  procured  for  about 
fifteen  thousand  ($15,000.00)  dollars,  I  desire  to  say  that 
the  success  of  this  enterprise  shall  not  be  hampered  in  any 
way  by  a  money  consideration. 


222  UNIVERSITY  OF  CALIFORNIA. 

I  have  only  one  wish  in  this  matter — that  the  plans 
adopted  should  be  worthy  of  the  great  University,  whose 
material  home  they  are  to  provide  for;  that  they  should 
harmonize  with,  and  even  enhance,  the  beauty  of  the  site 
whereon  this  home  is  to  be  built;  and,  that  they  should 
redound  to  the  glory  of  the  State  whose  culture  and  civiliza- 
tion are  to  be  nursed  and  developed  at  its  University. 

As  the  full  execution  of  these  plans  will  probably  require 
a  long  period  of  time,  and  one  of  constant  and  assiduous 
«  attention,  I  should  like  to  suggest  that  this  trust  be  reposed 
Trustees  in  a  special  committee  which  will  represent  the  several 
interests  involved.  I  would  name  as  such  trustees,  His 
Excellency  James  H.  Budd,  representing  the  State;  Pro- 
fessor William  Carey  Jones,  representing  the  University, 
and  yourself,  representing  the  Board  of  Regents.  I  have 
the  less  hesitancy  in  suggesting  these  names,  as  these 
gentlemen  are  all  graduates  of  the  University  of  California, 
and  would,  I  am  sure,  be  glad  to  perform  this  labor  in 
gratitude  to  their  Alma  Mater.  Of  course,  the  ratification 
of  the  final  plan  would  rest  with  the  Board  of  Regents. 

I  believe  that  the  release  of  Mr.  Maybeck  (who  has  been 
identified  with  the  idea  of  this  plan  from  its  inception) 
from  his  duties  of  instruction  at  the  University,  and  his 
presence  in  the  Eastern  States  and  in  Europe  would  greatly 
facilitate  a  proper  understanding  of  our  design  among 
architects.  I  would,  therefore,  further  suggest  that  he  be 
given  a  leave  of  absence  for  one  or  two  years,  and  I  offer 
to  provide  for  him  a  reasonable  compensation. 
Yours  very  sincerely, 

PHEBE  A.  HEARST. 

See  index  under  "Hearst  Plan." 


REGENTS'  MANUAL.  223 


CHAPTER   XXI. 

LOAN     FUNDS. 

1.— Frank  J.  Walton  Memorial  Fund. 

The  Board  of  Regents  accepts  from  the  members  of  the 
Class  of  '83  the  sum  of  eighteen  hundred  ($1,800)  dollars, 
to  be  held  in  trust  for  the  purposes  hereinafter  specified. 
The  fund  is  to  be  known  as  the  Frank  J.  Walton  Memorial 
Loan  Fund.  It  is  to  be  invested  by  the  Regents,  and  the 
income  only  to  be  loaned  to  the  undergraduate  students  in  Beneficiaries 
the  Academic  Department  at  Berkeley,  who  are  studying 
for  degrees,  and  who  have  finished  half  their  undergraduate 
course.  The  beneficiaries  shall  be  selected  by  a  committee, 
consisting  of  the  President  of  the  University  and  two 
members  of  the  Academic  Council,  who  shall  be  chosen  by 
the  Council  for  a  term  of  three  years.  The  choice  of 
beneficiaries  shall  not  be  made  on  the  ground  of  scholar- 
ship, but  shall  depend  on  general  character  and  promise. 
The  amount  of  the  loan  to  each  beneficiary,  the  term  of  the 
notes,  and  the  question  of  interest,  shall  be  left  to  the 
discretion  of  the  said  committee.  The  committee  shall 
report  to  the  Finance  Committee  of  the  Regents  all  receipts 
and  disbursements  on  account  of  the  fund.  The  promissory 
notes  of  beneficiaries  shall  be  deposited  in  the  office  of  the 
Secretary  of  the  Board  of  Regents,  but  the  names  of  the 
beneficiaries  shall  not  be  made  public.  Repayment  to 
beneficiaries  and  the  unused  interest  shall  be  reported  to 
the  Finance  Committee,  and  added  to  the  principal,  and  be 
invested  by  the  Board  of  Regents.  The  amounts  due 
beneficiaries  shall  be  paid  upon  special  requisition,  signed 
bj*  the  committee  and  indorsed  by  the  Finance  Committee. 

REGENTS'  MANUAL — 15 


224  UNIVERSITY  OF  CALIFORNIA. 

In  vouchers  submitted  to  the  Board  of  Regents,  the 
names  of  the  beneficiaries  shall  not  be  inserted,  and  in 
their  place  shall  be  placed  the  names  of  the  members  of  the 
Committee  of  the  Faculty,  or  a  majority  thereof. 

Whenever  the  repayments  with  the  original  fund  shall 

exceed  the  sum  of   $20,000,  the  committee  may,  in  their 

Surplus     discretion,  establish  out  of  the  surplus,  scholarships  for 

undergraduates,  or  graduates  pursuing  studies  at  Berkeley, 

or  make  special  loans  for  the  use  of  graduates. 

[November  12,  1889.] 

2.— Class  of  1886  Fund. 

The  Board  of  Trustees  of  the  Memorial  Loan  Fund  of 
the  Class  of  1886,  University  of  California,  have  now  on 
hand  a  fund  of  about  $2700.  It  was  originally  designed  to 
raise  and  maintain  intact  as  a  permanent  principal ,  the  sum 
Purpose  of  $2000,  of  which  the  interest  should  be  loaned  to  students. 
We  have,  however,  actually  outstanding  at  present,  student 
loans  amounting  to  $750. 

By  the  constitution  of  the  Fund,  the  Board  of  Trustees 
is  given  power  to  pass  the  custody  of  the  fund  to  the 
Regents  of  the  University  and  the  administration  thereof 
Managing  to  the  President  of  the  University,  the  Dean  of  the  Faculty 
of  Letters,  and  the  Secretary  of  the  Board  of  Regents  as  a 
managing  Board. 

This  action  we  now  desire  to  take,  provided  it  is  accept- 
able to  and  the  trust  is  within  the  powers  of  your  Honorable 
Board. 

Upon  receiving  a  favorable  reply  the  Board  of  Trustees 
will  take  action  indicated  and  I  will  transmit  the  moneys 
and  student  notes  to  the  proper  official. 

The  reasons  for  such  action  are,  in  brief,  the  greater 
security  of  the  fund  in  the  hands  of  the  Regents,  its  greater 
productiveness  in  their  hands,  on  account  of  exemption 
from  taxation,  and  the  greater  facility  with  which  it  can  be 
administered  by  the  officers  named. 


REGENTS1  MANUAL.  225 

In  the  natural  course  of  events  the  present  Board  must 
lose  control  of  the  fund  at  some  not  very  distant  time,  and 
it  is  thought  that  there  is  no  reason  for  postponing  the 
date  for  the  change.  The  fund  is  now  practically  complete, 
and  might  as  well  be  put  upon  its  permanent  foundation. 
Any  further  contributions  received  will,  of  course,  be  at 
once  transmitted  to  the  Regents,  if  this  plan  is  carried  out, 
[Communication  from  the  Class  of  1886.] 

[On  motion  the  foregoing  offer  was  accepted  with  the  thanks  of  the 
Board,  April  8,  1902.] 

3.— The  1903  Loan  Fund. 

The    1903    Loan    Fund    shall    be    administered   by    a 
committee   of  three,    composed   of    the    President   of   the  Managing 
University,  the  permanent  President  of  the  Class  of  1903,    Board 
and  the  President  of  the  Associated  Students. 

Application   for   a   loan  may  be   made  by  any  college 
student  having  senior  standing.     No  person  shall  borrow  Restriction 
more  than  one  hundred  dollars  in  any  one  college  year. 

Loans  are  to  be  repaid  as  soon  as  possible.  Loans  shall 
commence  to  bear  interest,  at  the  rate  of  five  per  cent.,  one 
year  from  the  date  of  graduation  or  withdrawal  of  the 
student  possessing  the  loan,  from  the  University. 

[Accepted.] 

CHAPTER   XXII. 
THE   UNIVERSITY  MEDAL  FUND. 

Herewith  is  submitted  a  report  of  the  Academic  Council 
in  relation  to  the  University  Medal  Fund,  without  recom- 
mendation : 

"BERKELEY,  June  13,  1892. 

"To  the  Board  of  Regents  of  the  University  of  California: 

"The  Academic  Council,  approved  by  the  several  Facul- 
ties, begs  leave  to  make  the  following  statement  and 
recommendations  to  the  Board  of  Regents: 


226  UNIVERSITY  OF  CALIFORNIA. 

"1.  That  in  1871  the  following  communication  was  made 
to  the  Board  of  Regents,  and  by  them  formally  accepted: 

"  'We,  the  undersigned,  desirous  of  furnishing  a  stim- 
ulus for  the  development  of  the  best  talent  in  the  Univer- 
sity, hereby  agree  to  subscribe  fifty  dollars  ($50)  each  to  a 
fund  to  be  invested,  and  the  proceeds  annually  to  be  applied 
Purpose  to  the  purchase  of  a  gold  medal,  of  suitable  design,  to  be 
awarded  to  the  most  distinguished  graduate  of  each  year.' 

"  'April,  1871.' 

'H.  H.  Haight,  and  others.' 

"2.  That  the  University  being  organized  into  many 
different  colleges  and  courses,  with  widely  varying  cur- 
ricula, the  Academic  Council  has  found  it  increasingly 
difficult  to  bestow  the  medal  with  satisfactory  discrimina- 
tion on  'the  most  distinguished  graduate  of  each  year.' 

"3.  That  it  appears  to  have  been  the  primary  purpose  of 
the  donors  of  the  Medal  Fund  to  'furnish,'  as  they  say,  'a 
stimulus  for  the  development  of  the  best  talent  in  the  Uni- 
versity,' and  that  the  Academic  Council  and  the  Faculties 
are  of  the  opinion  that  the  bestowal  of  a  medal  is  not  the 
most  desirable  means  of  accomplishing  this  purpose. 

"4.  That  the  action  of  the  graduate  of  1891,  who  had 
been  recommended  by  the  Academic  Council  to  be  the 
recipient  of  the  medal,  in  declining  to  receive  the  award, 
seems  to  show  a  greater  or  less  participation  by  the  students 
in  the  view  that  the  Academic  Council  and  the  Faculties 
take  of  this  question. 

"5.  That  the  Academic  Council  and  the  Faculties  at 
Berkeley  recommend  that  appropriate  steps  be  taken  by  the 
Board  of  Regents  to  have  the  form  of  the  award  changed 
from  that  of  a  medal  to  something  more  conducive  to  the 
primary  purpose  of  the  donors  of  the  fund. 

"6.  That  the  Academic  Council  suggests  that  a  Fellow- 
ship or  Scholarship,  to  be  awarded  at  the  discretion  of  the 
Faculties,  would  be  the  most  desirable  substitute. 


REGENTS'  MANUAL.  227 

"That  the  Academic  Council  feels  so  keenly  the  difficul- 
ties and  doubts  under  which  it  makes  its  recommendations 
for  the  award  of  the  medal,  that  it  is  compelled  to  request 
that,  if  changes  such  as  those  suggested  cannot  be  made, 
the  principal  of  the  fund  be  surrendered  and  restored  to  the 
original  subscribers,  or  their  heirs  or  assigns. 

"M.  KELLOGG, 
"Chairman,  Academic  Council." 

The  report  was  referred  to  the  Law  Committee  and  the 
Counsel  of  the  Board. 
[June  28,  1892.] 

The  Law  Committee  reported  as  follows : 

"The  offer  made  in  the  year  1871,  by  the  late  H.  H.   Trust  to  be 
Haight  and  others,  of  a  sum  of  money  to  the  University,   maintained 
the  proceeds  of  which  were  to  be  invested  and  applied  to 
the  purchase  of  a  gold  medal,  to  be  awarded  annually  to 
the   most    distinguished    graduate   of   the   year,   and   the 
acceptance  of  that  offer  by  the  University,  and  followed  by 
the    actual   receipt  of   the   money  donated,   constitutes   a 
contract   with   all   the   terms  of  which  the  University  is 
bound  in  law,  as  well  as  by  every  consideration  of  honor, 
to  faithfully  and  scrupulously  comply. 

"In  the  judgment  of  the  committee,  it  is  of  no  import- 
ance that  a  compliance  with  the  wishes  of  the  donors  has 
since  become  inconvenient  or  onerous;  the  trust  they 
reposed  in  us — in  the  University — was  absolute ;  it  was  upon 
the  promise  made  on  our  part  to  forever  devote  the  proceeds 
of  the  fund  in  the  stipulated  manner  that  they  placed  these 
moneys  in  our  hands. 

"Your  committee  therefore  report  that  to  now  depart 
from  the  terms  of  the  donation  in  any  respect  whatever  is 
both  unlawful  and  inexpedient." 

[Adopted  February  14,  1893.] 


228 


UNIVERSITY  OF  CALIFORNIA. 


Secretary  to 
prepare  medal 


The  Law  Committee  also  reported  verbally  that  the  medal 
should  be  made  and  inscribed  annually,  and  if  not  called 
for  should  be  placed  in  the  vault,  to  await  the  demand  of 
the  persons  to  whom  awarded,  or  their  descendants. 

[Approved  by  the  Board.] 

The  Secretary  is  authorized  to  prepare  annually  from 
the  interest  of  the  fund  subscribed  for  that  purpose,  the 
University  medal,  to  be  awarded  by  the  Board  of  Regents 
to  the  most  distinguished  graduate  of  the  year. 

[May  14,  1889.] 

The  proceeds  of  the  Medal  Fund  shall  be  applied  to  the 
purpose  of  the  donation. 
[March  13,  1900.] 


CHAPTER  XXIII. 
THE    BRYCE    HISTORICAL    ESSAY. 

Competitors  1.  The  competitors  must  be  either  Seniors  or  Graduates  of 
less  than  one  year's  standing  in  the  University  of  California. 
They  must  be  less  than  twenty-five  years  of  age  and  must 
have  spent  at  least  two  years  as  regular  students  in  the 
University. 

2.  The  prize  shall  be  awarded  on  Charter  Day. 

3.  The  subject  of  the  Bryce  Historical  Essay  Prize  shall 
be  selected  by  the  examiners  from  American  or  European 
History. 

4.  The  examiners  for  the  Bryce  Historical  Essay  Prize 
shall  be  three  in  number,  appointed  by  the  President  of  the 
University  of  California.     Two  of  them  shall  be  professors 

Examiners  of  history  in  the  University  of  California,  who  shall  submit 
the  essays  in  their  judgment  most  worthy  of  consideration 
to  the  third  examiner,  who  shall  not  be  connected  with  the 
University  of  California,  and  whose  judgment  shall  be  final. 
If  in  the  judgment  of  the  examiners  no  essay  of  sufficient 
merit  has  been  presented,  there  shall  be  no  award  in  that 
year. 


REGENTS'  MANUAL.  229 

5.  The  essays  must  be  typewritten,  and  must  be  handed 
in,  unsigned,  to  the  Recorder  by  the  15th  of  January  Date 
following  the  announcement  of  the  subject.  Each  essay 
must  bear  a  distinguishing  mark  or  word,  and  must  be 
accompanied  by  an  envelope  containing  the  name  of  the 
competitor. 

[March  8,  1904.] 

CHAPTER  XXIV. 

SCHOLARSHIPS. 

l.— P.  diaries  Cole  Scholarship. 

Extracts  from  the  will  of  the  late  P.  Charles  Cole,  of 
Rochester,  New  York: 

Second — I  give,  devise,  and  bequeath  to  the  trustees  of 
Vassar  College,  Poughkeepsie,  New  York,  six  thousand 
dollars  ($6,000.00)  for  a  scholarship  in  said  college;  my 
heirs  to  have  the  preference,  if  qualified  to  enter  the  same, 
and  if  more  than  one,  the  President  and  one  of  the  pro- 
fessors will  decide  which  shall  be  admitted.  The  bequest 
is  to  be  kept  separate  and  distinct  from  any  other  funds  of 
said  college,  and  to  be  used  for  no  other  purpose;  and  if  at 
any  time  of  said  college  term  no  one  is  receiving  the  benefit 
of  this  bequest,  the  interest  for  the  time  is  to  be  added  to 
the  principal. 

Sixth — I  give,  devise,  and  bequeath  to  the  trustees  of 
the  University  of  California,  at  Berkeley,  California,  one 
thousand  dollars  ($1,000.00)  for  a  scholarship  in  said 
university;  my  heirs  to  have  the  preference  or  benefit,  if  Preference 
qualified  to  enter  said  university.  My  bequest  to  this 
university,  Hamilton  and  Mills  Colleges,  and  Rochester 
University,  with  restrictions  as  in  my  bequest  to  Vassar 
College.  *  *  * 

In  Witness  Whereof,  I  have  hereunto  subscribed  my  name 
and  affixed  my  seal,  the  14th  day  of  November,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  ninety. 

P.  CHAS.  COLE. 


230  UNIVERSITY  OF  CALIFORNIA. 

2.— Phebe  A.  Hearst  Scholar  ships  for  Young  Women. 

SEPTEMBER  28,  1891. 
To  the  Board  of  Regents  of  the  University  of  California: 

GENTLEMEN:  It  is  my  intention  to  contribute  annually 
to  the  funds  of  the  University  of  California  the  sum  of 
fifteen  hundred  ($1500)  dollars,  to  be  used  for  five  $300 
scholarships  for.  worthy  young  women. 

Two  of  these  scholarships  are  to  be  given  this  year,  and 
the  remaining  three  at  the  beginning  of  the  August  term 
next  year.  I  bind  myself  to  pay  this  sum  during  my 
lifetime,  and  I  have  provided  for  a  perpetual  fund  after 
my  death. 

Qualifications  The  qualifications  entitling  students  to  the  scholarships 
shall  be  noble  character  and  high  aims,  it  being  understood 
that  without  the  assistance  here  given  a  University  course 
would,  in  each  case,  be  impossible. 

I  desire  that  a  school  officer,  say  any  County  Superin- 
tendent in  this  State,  shall  recommend  to  the  Faculty  of  the 
University  the  applicants  for  scholarships,  the  award  being 
made  by  a  vote  of  the  Faculty,  but  I  do  not  wish  any 
scholarships  to  be  given  as  a  prize  for  honors  in  entrance 
examinations. 

Mr.  Irwin  C.  Stump,  my  business  manager,  will  arrange 
the  necessary  formalities  with  the  Secretary  of  your  Board. 

Yours  very  sincerely, 

PHEBE  A.  HEARST. 

SEPTEMBER  28,  1891. 
J.  H.  C.  Bonte,  D.D.,  Secretary  of  Board  of  Regents: 

DEAR  SIR:  The  money  for  the  scholarships  for  which  I 
have  provided  will  be  paid  half-yearly  in  advance,  this  year 
the  sum  being  three  hundred  ($300)  dollars;  and  beginning 
with  August,  1892,  the  amount  will  be  seven  hundred  and 
fifty  ($750)  dollars  at  each  payment. 


REGENTS'  MANUAL.  231 

The  students  securing  these  scholarships  are  to  be  paid 
in  ten  monthly  installments  of  thirty  ($30)  dollars  for  each 
student. 

Yours  very  truly, 

PHEBE  A.  HEARST. 

3.— State  of  California  Scholarships. 

WHEREAS:  At  the  time  of  the  passage,  by  the  present 
Legislature,  of  the  Act  granting  an  additional  income  to 
the  State  University,  it  was  suggested  by  members  of  the 
Legislature,  that  the  sum  of  $3,500  per  annum  should  be 
set  apart  and  used  to  aid  poor  and  deserving  students  at 
the  University, 

Now  be  it  resolved:  That  the  said  sum  of  $3,500 
per  annum  be,  and  is  hereby  appropriated  until  further 
order  of  this  Board,  out  of  the  funds  of  the  University, 
which  sum  is  to  be  distributed  equally  among  the  Congres-  Distribution 
sional  Districts  of  this  State,  for  the  purpose  of  aiding,  not 
to  exceed  twenty-eight  (28)  students  per  annum,  at  the 
University,  such  students  to  be  selected  by  the  Faculty  of 
the  University,  solely  by  reason  of  their  mental  ability, 
character,  and  needs. 

The  procedure  and  manner  of  the  disposition  of  such 
scholarships  to  be,  as  far  as  may  be,  similar  to  that  adopted 
in  reference  to  the  Phoebe  Hearst  Scholarships. 

The  said  Scholarships  shall  always  be  known  and  desig- 
nated as  the  State  of  California  Scholarships. 

[March  9,  1897.] 

4.— Levi  Strauss  Scholarships. 

SAN  FRANCISCO,  March  6,  1897. 
Regent  J.  B.  Reinstein. 

DEAR  SIR:  I  have  noted  in  the  newspapers  that  while 
the  Legislature  was  considering  the  bill  to  increase  the 
income  of  the  University  of  California,  a  suggestion  was 


232  UNIVERSITY  OF  CALIFORNIA 

made  to  set  apart  $3,500.00  per  annum  to  aid  worthy  and 
poor  students  from  each  of  the  Congressional  Districts  of 
the  State  to  obtain  an  education  at  that  University. 

I  should  be  pleased  to  be  permitted  to  duplicate  the 
generosity  of  the  State  in  the  matter  of  said  scholarships 
and  request  you  to  kindly  communicate  the  terms  of  this 
letter  to  the  Honorable  Board  of  Regents  of  the  University. 

The  University  of  California  has  already  risen  to  a  plane 
that  challenges  the  admiration  of  the  entire  country,  and  I 
deem  it  a  privilege  to  aid  those  connected  therewith. 

The  proper  officers  are  hereby  authorized  to  draw  on  me 
each  year,  until  further  notice,  for  the  sum  of  $3,500.00. 
I  am,  dear  sir-, 

Yours  very  truly, 

LEVI  STRAUSS. 

The  Regents  resolved: 

WHEREAS:  The  sum  of  $3,500.00  has  been  set  apart 
annually  from  the  income  furnished  by  the  State  to  the 
University  of  California,  to  be  distributed  equally  among 
the  Congressional  Districts  of  this  State,  for  the  purpose  of 
aiding,  not  to  exceed  twenty-eight  (28)  poor  and  deserving 
students  at  the  University,  each  year, 

AND  WHEREAS,  Mr.  Levi  Strauss,  of  San  Francisco, 
has  duplicated  the  generosity  of  the  State,  for  a  like 
purpose,  *  *  * 

Resolved:  That  the  disposition  and  procedure  in  connec- 
Distribution  tion  with  the  said  scholarships  shall  be  similar  in  general 
to  the  procedure  and  disposition  of  the  State  of  California 
Scholarships. 

Resolved  further:   That  the  said  scholarships  shall  be 
known  and  designated  as  the  Levi  Strauss  Scholarships. 
[March  9,  1897.] 
[The  Levi  Strauss  Scholarships  are  continued  by  the  heirs.] 


REGENTS'  MANUAL.  233 

5.— Cornelius  B.  Houghton  Scholarship. 

BERKELEY,  May  16,  1899. 
To  the  Honorable  the  Regents  of  the  University  of  California, 

GENTLEMEN:  It  is  the  wish  of  Mrs.  C.  B.  Houghton, 
of  Benicia,  to  found  in  the  University  of  California  a 
scholarship  to  be  known,  in  memory  of  her  late  husband, 
as  the  Cornelius  B.  Houghton  Scholarship.  I  enclose,  on 
behalf  of  Mrs.  Houghton,  a  check  for  $150,  which  sum  she 
desires  to  be  regarded  as  the  income  of  such  scholarship  for 
the  academic  year  1899-1900.  Mrs.  Houghton  has  made 
provision  for  the  eventual  payment  of  a  principal  sum 
sufficient  to  yield  an  annual  income  of  $150.  In  the  mean- 
time she  engages  to  pay  yearly  to  the  Regents  of  the 
University  the  sum  of  $150  for  the  maintenance  of  said 
scholarship. 

The  qualifications  for  this  scholarship  Mrs.  Houghton  Qualifications 
desires  to  be  character,  ability,  and  need,  and  she  wishes 
it  to  be  bestowed  in  the  same  manner  and  by  the  same 
authorities  as  the  Phoebe  Hearst  Scholarships.     On  account 
of  the  fact  that  Mr.  Houghton 's  life  was  long  identified 
with  Benicia,  Mrs.  Houghton  expresses  the  wish  that,  other 
things  being  equal,  a  preference  may  be  given  in  the  award  Preference 
of  this  scholarship  to  students  who  may  reside  in  or  be 
otherwise  connected  with  Benicia  or  its  neighborhood.  *  * 
Respectfully  yours, 

WM.  CAREY  JONES. 

[May  16,  1899.] 

The  Regents  resolved  that  the  offer  of  Mrs.  Cornelius  B. 
Houghton,  to  found  in  the  University  of  California  a 
scholarship,  to  be  known  in  memory  of  her  late  husband, 
Cornelius  B.  Houghton,  as  the  Cornelius  B.  Houghton 
Scholarship,  be  accepted  in  accordance  with  the  conditions 
of  the  communication  of  William  Carey  Jones  on  behalf 
of  the  donor  to  this  Board,  bearing  date  the  16th  day  of 
May,  1899. 

[June  16,  1899.] 


234  UNIVERSITY  OF  CALIFORNIA. 

ENDOWMENT. 

On  behalf  of  Mrs.  C.  B.  Houghton  there  is  herewith 
presented  to  the  University  of  California  the  sum  of  three 
thousand  dollars  ($3,000)  as  the  endowment  of  the  Cornelius 
B.  Houghton  Scholarship. 

The  terms  and  conditions  of  this  endowment  were  stated 
in  a  letter  to  your  honorable  body  dated  May  1*6,  1899.  At 
the  same  time  the  sum  of  $150  was  handed  to  you  as  the 
income  of  said  scholarship  for  the  year  1899-1900.  It  is 
the  hope  of  Mrs.  Houghton  that  the  the  $3,000  herewith 

Limitation  delivered  may  yield  continuously  an  income  of  $150.  She 
does  not  desire  any  more  than  that  amount  to  be  paid  to  the 
beneficiary  for  any  one  year.  Any  excess  of  interest  and 

Excess  any  lapsed  income  she  desires  may  by  added  to  the  principal 
sum.  Mrs.  Houghton,  however,  makes  no  binding  condi- 
tions on  this  gift  other  than  that  the  main  purpose  of  the 
endowment  shall  be  observed,  and  that  the  name  of  her 
late  husband,  Cornelius  B.  Houghton,  shall  be  preserved 
in  connection  therewith. 

The  endowment  was  accepted  with  the  terms  and  con- 
ditions as  proposed  by  the  donor. 
[July  11,  1899.] 

6.— Goewey  Scholarship. 

We,  Kate  S.  Goewey,  the  wife  of,  and  Charles  H. 
Goewey,  Frank  B.  Goewey,  Gertrude  Goewey  Havens 
(formerly  Gertrude  Goewey),  James  M.  Goewey,  Jr.,  and 
Herbert  S.  Goewey,  the  children  of  the  late  James  M. 
Goewey,  do  hereby  assign,  transfer,  and  set  over  unto  the 
Regents  of  the  University  of  California,  a  corporation, 
the  forty  shares  of  the  capital  stock  of  the  Pacific  Gas 
Improvement  Company  now  represented  by  stock  certificate 
No.  4148,  and  the  eleven  shares  of  the  capital  stock  of  the 
Eastern  Dynamite  Company  now  represented  by  stock  cer- 
tificate No.  900,  together  with  all  dividends  thereon  accruing 
since  the  first  day  of  July,  1900,  for  the  purpose  of  creating 


REGENTS'  MANUAL.  235 

at  the  University  of  California  a  scholarship  to  be  known   Name 
as  the  "James  M.  Goewey  Scholarship,"  and  to  be  the  gift 
of  the  "Heirs  of  James  M.  Goewey." 

For  the  accomplishment  of  said  purpose,  said  stock,  or 
its  proceeds,  shall  be  held  by  said  Regents  as  a  separate 
and  perpetual  fund,  to  be  known  as  the  "James  M.  Goewey 
Scholarship  Fund,"  the  annual  income  whereof  shall  be 
applied  to  the  support,  at  the  University  of  California,  of 
some  worthy  student  pursuing  studies  in  some  one  of  the  Qualifications 
so  called  scientific  branches  of  learning. 

Said  Regents  shall  have  the  full  and  unrestricted  rights 
of  control,  disposition,  and  ownership  of  said  stock  and 
its  proceeds,  subject  only  to  the  purpose  of  maintaining  a 
perpetual  fund  properly  invested  so  as  to  yield  an  income 
for  the  purpose  of  said  scholarship. 

The  appointment  to  said  scholarship  shall  be  made 
annually  by  the  Faculty  of  said  University,  or  by  some 
committee  thereof  to  whom  such  duty  has  been  delegated. 

7. — Pixley  Scholarship. 

JULY  11,  1903. 

As  per  Decree  of  Distribution  in  the  estate  of  Amelia 
V.  R.  Pixley,  deceased,  we  are  holding  the  sum  of  Three 
Thousand  Five  Hundred  Sixty- three  and  fVV  ($3,563.22) 
Dollars  to  be  delivered  to  the  Treasurer  of  the  University 
of  California  for  the  purpose  of  founding  a  scholarship  in  Name 
the  University  of  California,  to  be  known  as  "The  Frank  M. 
Pixley  Scholarship." 

It  was  the  desire  of  the  donor  of  this  fund  that  the 
income  from  it  should  be  used  for  the  maintenance  of  some  Qualifications 
student  in  the  law. 

Awaiting  the  pleasure  of  the  Board  of  Regents  in  this 
matter,  we  are, 

Yours  truly, 

UNION  TRUST  COMPANY  OP  SAN  FRANCISCO, 

Trustee. 

J.  F.  D.  CURTIS, 

[Accepted  August  11,  1903.]  Trustee. 


236  UNIVERSITY  OF  CALIFORNIA. 

8.— Hilgard  Memorial  Graduate  Scholarship. 

I  have  the  honor  of  enclosing  herewith  my  check  for 
$125.00  for  a  graduate  scholarship  in  memory  of  my  wife 
and  son,  to  be  known  as  the  "Hilgard  Memorial  Graduate 
Scholarship."  The  award  to  be  made  during  the  coming 
Qualification  year  1904  for  excellence  in  scholarship  and  need.  A 
similar  sum  will  be  available  for  the  same  purpose  for  the 
year  1905.  E.  W.  HILGARD. 

[Accepted  December  8,  1903.] 

CHAPTEE  XXV. 
DENICKE    FUND. 

Mr.  Ernst  A.  Denicke,  formerly  a  Regent  of  the  Uni- 
versity, some  years  ago  gave  a  fund  of  one  thousand  dollars 
whose  interest  was  to  be  applied  to  the  purchase  of  books 
for  the  University  Library.     Mr.  Denicke  has  now  offered 
to  contribute  a  yearly  amount  sufficient  to  raise  the  income 
from  the  Denicke  Fund  to  one  hundred  dollars  per  annum. 
German  books  This  amount  to  be  devoted  to  the  purchase  of  books  for  the 
Department  of  German. 
[September  10,  1902.] 

CHAPTEX  XXVI. 
FROM    THE    WILL    OF    CHARLES    F.    DOE. 

I  hereby  give,  bequeath  and  devise  the  rest  and  residue 
of  my  property,  real,  personal,  and  mixed,  and  wheresoever 
situated,  to  the  persons  herein  designated,  and  in  the  per- 
centage and  proportion  herein  set  forth:  *  *  * 

To  the  Board  of  Regents  of  the  University  of  California 
twenty-four  (24)  per  cent,  thereof,  in  trust  for  the  follow- 
ing purposes:     As  much  as  may  be  necessary  thereof  to  be 
Library  used  for  the  construction  and  erection  of  a  library  building 

building           for  jj-g  Academic  Department,  and  the  surplus  not  used  for 
the  construction  and  the  erection  of  a  library  building  to 
be  permanently  invested  by  said  Regents,  and  the  income, 
Book  fund        revenue  and  profit  thereof  to  be  used  for  the  purchase  of 
books. 


REGENTS'  MANUAL.  237 

CHAPTER  XXVII. 
LECONTE    MEMORIAL    FELLOWSHIP. 

The  Finance  Committee  submitted  the  following : 

We  recommend  that  the  fund  mentioned  in  the  following 
resolution  be  accepted  and  that  the  Treasurer  of  the  Uni- 
versity be  authorized  to  receive  the  same: 

"At  a  meeting  of  the  Board  of  Administration  of  the 
LeConte  Memorial  Fellowship,  held  Monday,  August  15th, 
in  Oakland,  the  following  motion  was  passed: 

"1.  That  the  Treasurer  of  the  Alumni  Association  of 
the  University  of  California  be  directed  by  the  Board  of 
Administration  of  the  LeConte  Memorial  Fellowship  to 
turn  over  the  LeConte  Memorial  Fellowship  Fund,  now 
amounting  to  $8,965.93,  to  the  Treasurer  of  the  Board  of 
Regents  of  the  University  of  California." 

[Concurred  in  September  13,  1898.] 


PART    IV 


PURCHASES    UNDER    STIPULATION 


REGENTS'  MANUAL— 16 


REGENTS'  MANUAL.  241 


CHAPTER  I. 

HILLEGASS    LANDS. 

i.—Hillegass  and  Wife  to  the  College  of  California. 

This  indenture,  made  the  fourth  (4th)  day  of  September, 
A.D.  1860,  between  William  Hillegass  and  Eugenie  Hille- 
gass, wife  of  the  said  William,  both  of  Oakland,  in  the 
County  of  Alameda  and  State  of  California,  parties  of  the 
first  part,  and  the  President  and  Board  of  Trustees  of  the 
College  of  California,  of  the  second  part,  witnesseth:  That 
the  said  parties  of  the  first  part,  for  and  in  consideration  of 
the  sum  of  two  thousand  dollars,  lawful  money  of  the 
United  States  of  America,  to  them  in  hand  paid  by  the 
parties  of  the  second  part,  the  receipt  whereof  is  hereby 
acknowledged;  also,  for  and  in  consideration  of  the  agree- 
ment made  by  the  parties  of  the  second  part  to  erect,  build, 
and  maintain  the  College  of  California  upon  the  ground 
hereby  conveyed,  or  upon  the  college  grounds  contiguous 
thereto;  also,  for  and  in  consideration  of  the  agreement  on 
the  part  of  the  parties  of  the  second  part  to  furnish  to  the 
parties  of  the  first  part,  the  amount  of  three  hundred  conditions 
gallons  per  day  of  the  water  of  the  creek  now  running  / 
through  the  lands  conveyed,  provided  the  said  creek  be 
taken  and  used  for  college  purposes,  having  remised, 
released,  and  quitclaimed,  and  by  these  presents  do  remise, 
release,  and  quitclaim  unto  the  parties  of  the  second  part, 
all  that  certain  tract,  piece,  or  parcel  of  land  situated  in 
said  Oakland  Township,  and  described  as  follows:  ^ 
being  a  part  of  the  plat  designated  upon  said  map  as 
number  seventy-one  (71),  and  containing  seventeen  and 
thirteen  hundredths  (17.13)  acres  of  land.  Together  with 
all  and  singular  the  tenements,  hereditaments,  and  appurte- 
nances thereto  belonging,  and  the  rents,  issues  and  profits 


242  UNIVERSITY  OF  CALIFORNIA. 

thereof.  It  being  understood  that  the  trees  bordering  upon 
the  creek  on  said  premises  are  not  to  be  cut  down,  destroyed, 
or  in  any  way  impaired,  except  for  the  purpose  of  building, 
and  for  roads  or  paths,  or  for  the  adornment  and  greater 
beauty  of  the  land  belonging  to  the  parties  of  the  second 
part ;  and  it  is  agreed  and  understood  that  if  the  parties  of 
the  second  part  should  fail  to  erect  the  contemplated  College 
of  California  upon  said  premises,  or  upon  the  college  grounds 
contiguous  thereto,  or  if  at  any  time  after  the  same  has  been 
erected  on  said  grounds,  said  college  should  be  removed,  or 
it  should  cease  actual  operation  as  a  college,  then  this  con- 
veyance shall  be  void,  and  said  land  shall  be  redeeded  to 
Reversion  the  parties  of  the  first  part  or  his  heirs  or  assigns,  on  the 
payment  to  the  parties  of  the  second  part  the  sum  of  two 
thousand  dollars,  and  that  the  parties  of  the  first  part  shall 
have  six  months  after  said  abandonment  to  pay  said  sum  of 
two  thousand  ($2,000).  And  it  is  further  understood  that 
the  party  of  the  first  part  reserves  the  right  to  take  three 
hundred  gallons  of  water  per  day  from  the  creek  running 
through  the  grounds  hereby  conveyed,  and  if  the  parties  of 
the  second  part  should  turn  the  course  of  said  creek  and 
should  not  furnish  to  the  party  of  the  first  part  said  amount 
of  three  hundred  gallons  per  day,  then  the  party  of  the 
second  part  shall  dig  and  brick  up  a  good  and  sufficient 
well  for  the  party  of  the  first  part  on  that  part  of  the  ranch 
of  the  party  of  the  first  part  to  be  by  said  party  of  the  first 
part  designated. 

In  Witness  Whereof,  the  said  parties  of  the  first  part 
hereunto  set  their  hands  and  seals  first  above  written  the 
day  and  year. 

WM.  HlLLEGASS, 

EUGENIE  HILLEGASS. 

[Recorded  in  Liber  T,  pp.  189,  190,  191,  Eecords  of  Alameda 
County.] 

See  page  166. 


REGENTS'  MANUAL.  243 


2.— Water  for  Hillegass  Property. 

The  Committee  on  Grounds  and  Buildings  reported  as 
follows : 

Your  committee  has  had  under  consideration  the  obliga- 
tion of  the  University  to  furnish  the  Hillegass  property 
with  300  gallons  of  water  per  day,  and  has  concluded  that 
said  amount  of  water  should  be  furnished  them  through  the 
mains  of  the  Alameda  Water  Company,  and  that  a  meter  be 
placed  on  the  same,  the  occupants  of  the  building  paying 
for  all  surplus  consumed  over  300  gallons  per  day. 

Mr.  Meyer,  agent  of  the  property,  has  intimated  his 
willingness  to  sign  such  a  contract.  He  asks  that  the 
Regents  prepare  the  contract.  Your  committee  would 
recommend  the  adoption  of  the  plan  with  instructions  to 
carry  it  into  effect. 

[Adopted,  April  12,  1898.] 

See  page  253. 


3.— Hillegass  to  the  College  of  California. 

This  indenture,  made  the  nineteenth  day  of  February, 
A.D.  1868,  between  William  Hillegass,  of  the  County  of 
Alameda,  of  the  first  part,  and  the  President  and  Board  of 
Trustees  of  the  College  of  California  of  the  second  part, 
witnesseth:  That  the  said  party  of  the  first  part,  for  and 
in  consideration  of  the  sum  of  one  dollar,  lawful  money,  to 
him  in  hand  paid  by  the  party  of  the  second  part,  and  the 
undertaking  of  the  party  of  the  second  part  to  locate,  or 
cause  to  be  located,  on  the  lands  hereby  conveyed,  or  on 
lands  now  or  late  of  the  party  of  the  second  part  contiguous 
thereto,  a  State  University,  or  State  College,  or  College  of 
California,  hath  granted,  bargained,  and  sold,  and  by  these 
presents  doth  grant,  bargain,  sell,  and  convey  unto  the  said 
party  of  the  second  part  all  that  certain  piece  or  parcel  of 


244  UNIVERSITY  OF  CALIFORNIA. 

land  situate,  lying  and  being  in  Alameda  County,  State  of 
California,  in  Oakland  Township,  beginning  at  the  south- 
east corner  of  plat  No.  81,  *  *  *  being  part  of  the  plat 
designated  *  '  *  by  the  number  71  (seventy-one)  and  con- 
taining seventeen  and  thirteen  one-hundredths  acres  of 
land,  for  the  uses  and  purposes  of  the  said  university  or 
Conditions  college,  subject  to  the  conditions  and  agreements  contained 
in  a  deed  from  the  party  of  the  first  part  and  his  wife  to 
the  said  party  of  the  second  part,  dated  September  4,  1860, 
and  recorded  in  said  county  in  Liber  T  of  Deeds,  page  189, 
etc.,  except  the  condition  to  establish  on  or  near  said  lands 
the  College  of  California. 

To  have  and  to  hold  the  same  to  said  party  of  the  second 
part,  its  successors  or  assigns,  so  long  as  the  same  shall 
continue  to  be  used  for  the  purposes  of  a  college. 

This  conveyance  is  made  subject  to  the  condition  that 
said  land  shall  be  used  for  the  purpose  of  a  university  or 
college  only  aud  be  a  part  of  the  grounds  of  such  university 
or  college,  and  that  the  alienation  thereof  by  the  college 
corporation  to  which  said  lands  may  be  conveyed  by  the 
party  of  the  second  part,  or  the  removal  of  the  college  or 
university  which  it  is  intended  to  establish  on  or  near  said 
lands  to  some  other  locality  and  the  subjection  of  said  lands 
to  other  uses  than  to  the  uses  and  purposes  of  college 
Forfeiture  grounds,  shall  work  a  forfeiture  of  the  estate  hereby 
granted,  and  that  the  said  land  shall  thereupon  become 
again  the  property  of  the  party  of  the  first  part,  his  heirs 
and  assigns,  and  he  shall  have  the  same  estate  therein 
which  he  would  have  had  if  this  conveyance  had  not  been 
made. 

In  Witness  Whereof  the  party  of  the  first  part  hath 
hereunto  set  his  hand  and  seal  the  day  and  year  first 
above  written. 

[Duly  executed.  Recorded  in  Liber  43  of  Deeds,  p.  108,  Eecords 
of  Alameda  County.] 

See  page  166. 


REGENTS1  MANUAL.  245 


4.— Purchase  of  Hillegass  Tract.* 

THIS  AGREEMENT,  made  and  entered  into  this  sixteenth 
day  of  October,  1900,  between  Marie  Hillegass,  a  widow,  of 
the  City  of  Oakland,  County  of  Alameda,  State  of  Cali- 
fornia, the  party  of  the  first  part,  and  the  Regents  of  the 
University  of  California,  a  corporation  of  said  State,  party  of 
the  second  part. 

WHEREAS,  The  party  of  the  first  part  has  sold  to  the 
party  of  the  second  part,  for  the  aggregate  sum  of  one 
hundred  and  twenty-three  thousand  nine  hundred  and  ten 
(123,910)  dollars,  gold  coin  of  the  United  States  of  America, 
payable  by  the  party  of  the  second  part  at  the  times  and  in 
the  manner  hereinafter  set  forth,  all  those  certain  lots, 
pieces,  or  parcels  of  land  situate,  lying,  and  being  in  the 
Town  of  Berkeley,  County  of  Alameda,  State  of  California, 
being  portions  of  plot  number  seventy-one  (71)  of  the 
V.  &  D.  Peralta  Rancho,  and  known  as  plots  number  one 
(1),  number  two  (2),  number  three  (3),  number  four  (4), 
number  five  (5),  number  six  (6),  and  number  (7),  as  all 
of  the  said  plots  are  severally  marked,  laid  down,  and  so 
designated  upon  a  certain  map  entitled  "Map  number  (2) 
two,  showing  subdivision  into  plots  of  Hillegass  Tract, 
north  of  Bancroft  Way,  Berkeley,"  a  copy  of  which  map  is 
attached  hereto; 

AND  WHEREAS,  The  party  of  the  second  part,  being  first 
duly  authorized  by  a  resolution  regularly  adopted  at  a  meet- 
ing of  the  Board  of  said  Regents,  held  the  ninth  day  of 
October,  1900,  has  purchased  all  of  the  said  real  property, 
for  the  said  sum,  payable  at  the  times  and  in  the  manner 
hereinafter  set  forth; 

AND  WHEREAS,  For  and  in  consideration  of  the  premises, 
and  for  the  purpose  of  carrying  out  the  said  sale  and 

*See  SECRETARY'S  REPORT  for  1901,  p.  55. 


246  UNIVERSITY  OF  CALIFORNIA. 

purchase,  and  the  terms  and  conditions  thereof,  the  party 
of  the  first  part  has  subscribed  and  made  and  properly 
acknowledged,  so  as  to  entitle  the  same  to  be  recorded, 
seven  separate  deeds  of  grant  of  the  said  several  plots,  the 
said  seven  deeds  being  regularly  numbered  in  numerical 
order  from  one  (1)  to  seven  (7),  and  corresponding  sever- 
ally with  the  several  plots  to  be  conveyed  and  the  several 
payments  to  be  made  therefor,  and  has  delivered  the  said 

Escrow  several  deeds  to  and  deposited  the  same  in  escrow  with  the 
Union  Trust  Company  of  San  Francisco,  a  corporation,  to 
be  delivered  by  said  Union  Trust  Company  of  San  Fran- 
cisco to  the  said  party  of  the  second  part  only  in  the 
numerical  order  hereinafter  mentioned  and  upon  the 
making,  by  the  party  of  the  second  part,  of  the  payments 
herein  provided  for. 

Now,  therefore,  this  agreement  witnesseth:  That  the 
terms  of  the  purchase  of  said  property  and  the  conditions 
appurtenant  to  the  same  by  the  party  of  the  second  part, 
and  the  conditions  upon  which  the  said  several  deeds  are  to 
be  delivered  by  said  Union  Trust  Company  to  the  party  of 
the  second  part,  are  as  follows: 

Conditions  The  payments  for  the  said  several  plots  and  the  deliveries 
by  the  said  Union  Trust  Company  to  the  party  of  the  second 
part  of  the  deed  or  deeds  therefor  in  each  and  every  case, 
whether  the  said  payments  shall  be  made  at  their  several 
dates  of  maturity  hereinafter  provided,  or  before  maturity, 
as  hereinafter  also  provided,  shall  be  made  only  in  the 
numerical  order  hereinafter  provided  and  not  otherwise; 
that  is  to  say,  the  party  of  the  second  part  shall  not  receive, 
nor  be  entitled  to  receive,  from  the  said  Union  Trust 
Company,  in  any  case,  a  deed  to  any  plot  until  and  unless 
all  deeds  prior  in  numerical  order  of  delivery  shall  have 
been  paid  for,  and  the  deeds  therefor  delivered.  The  said 
payments  shall  all  be  made  by  the  party  of  the  second  part 
to  the  Union  Trust  Company  of  San  Francisco  for  and  on 
account  of  said  party  of  the  first  part,  and  the  delivery  of 


REGENTS'  MANUAL.  247 

the  said  deeds  shall  be  made  in  the  manner  and  at  the  times  Manner  of 
and  in  the  following  numerical  order: 

First — The  party  of  the  second  part  shall  pay  to  the  said 
Union  Trust  Company,  on  the  execution  of  this  agreement, 
the  sum  of  seventeen  thousand  eight  hundred  (17,800) 
dollars,  and  thereupon  said  Union  Trust  Company  shall 
deliver  to  said  party  of  the  second  part  the  deed  of  grant  of 
the  said  plot  number  one  ( 1 ) ; 

Second — The  party  of  the  second  part  shall  pay  to  the 
said  Union  Trust  Company,  on  the  first  day  of  July,  1901, 
the  sum  of  seventeen  thousand  eight  hundred  ($17,800) 
dollars,  and  thereupon  said  Union  Trust  Company  shall 
deliver  to  the  party  of  the  second  part  the  deed  of  grant 
left  in  escrow  of  said  plot  number  two  (2) ; 

Third — The  party  of  the  second  part  shall  pay  to  the 
said  Union  Trust  Company,  on  the  first  day  of  July,  1902, 
the  sum  of  seventeen  thousand  eight  hundred  f$17,800) 
dollars,  and  thereupon  said  Union  Trust  Company  shall 
deliver  to  said  party  of  the  second  part  the  deed  of  grant 
left  in  escrow  of  said  plot  number  six  (6) ; 

Fourth — The  party  of  the  second  part  shall  pay  to  the 
said  Union  Trust  Company,  on  the  first  day  of  July,  1903, 
the  sum  of  sixteen  thousand  six  hundred  and  sixty-six 
($16,666)  dollars,  and  thereupon  said  Union  Trust  Com- 
pany shall  deliver  to  said  party  of  the  second  part  the  deed 
of  grant  left  in  escrow  of  said  plot  number  three  (3) ; 

Fifth — The  party  of  the  second  part  shall  pay  to  the 
said  Union  Trust  Company,  on  the  first  day  of  July,  1904, 
the  sum  of  seventeen  thousand  three  hundred  and  seven 
($17,307)  dollars,  and  thereupon  the  said  Union  Trust 
Company  shall  deliver  to  said  party  of  the  second  part  the 
deed  of  grant  left  in  escrow  of  said  plot  number  four  (4) ; 

Sixth — The  party  of  the  second  part  shall  pay  to  the 
said  Union  Trust  Company,  on  the  first  day  of  July,  1905, 
the  sum  of  seventeen  thousand  nine  hundred  and  forty- 


248  UNIVERSITY  OF  CALIFORNIA. 

eight    ($17,948)  dollars,    and   thereupon    the    said  Union 

Trust  Company  shall  deliver  to  said  party  of  the  second 

part  the  deed  of  grant  left  in  escrow  of  said  plot  number 
five  (5); 

Seventh — The  party  of  the  second  part  shall  pay  to  the 
said  Union  Trust  Company,  on  the  first  day  of  July,  1906, 
the  sum  of  eighteen  thousand  five  hundred  and  eighty-nine 
($18,589)  dollars,  and  thereupon  the  said  Union  Trust 
Company  shall  deliver  to  the  said  party  of  the  second  part 
the  deed  of  grant  left  in  escrow  of  said  plot  number 
seven  (7). 

The  party  of  the  second  part  shall  have  the  option  of 
paying  any  or  all  of  the  above  installments  before  maturity, 
and  thereupon  the  said  Union  Trust  Company  shall  deliver 
to  the  party  of  the  second  part  the  deed  or  deeds  of  the  plot 
or  plots  so  paid  for,  but  only  in  the  numerical  order  of  their 
maturity  as  hereinbefore  provided. 

Reduction  for        In  the  event  of  the  party  of  the  second  part  paying  all  or 
payment          anv  of  ^ne  fourth  fifth,  sixth,  or  seventh  installments  before 

made  before 

maturity  maturity,  but  after  the  first  day  of  July,  1902,  a  reduction 
of  and  in  the  amounts  payable  respectively  shall  be  made 
as  next  herein  mentioned,  viz:  In  such  case  the  said  Union 
Trust  Company  is  authorized  to  receive  instead  of  the 
amounts  hereinbefore  provided,  and  the  said  party  of  the 
first  part  shall  and  will  accept  in  full  satisfaction  of  the 
said  payments,  and  the  said  Union  Trust  Company  is 
authorized  to  and  shall  make  delivery  of  the  said  several 
deeds  corresponding  to  the  said  fourth,  fifth,  sixth,  and 
seventh  installments  upon  payment  of  the  following 
amounts,  that  is  to  say: 

1.  Instead  of  the  fourth  installment  of  sixteen  thousand 
six  hundred  and  sixty-six  ($16,666)  dollars,  the  sum  of 
sixteen  thousand  and  twenty-five  ($16,025)  dollars,  with 
interest  thereon  at  the  rate  of  four  per  cent,  per  annum 
from  July  1,  1902,  to  the  date  of  payment; 


JRJBGENTS'  MANUAL.  249 

2.  Instead  of  the  fifth  installment  of  seventeen  thousand 
three  hundred  and  seven  ($17,307)    dollars,  the    sura   of 
sixteen  thousand  and  twenty- five  ($16,025)  dollars,  together 
with  interest  thereon  at  the  rate   of  four   per  cent,   per 
annum  from  July  1,  1902,  to  the  date  of  said  payment; 

3.  Instead  of  the  sixth  installment  of  seventeen  thousand 
nine  hundred  and  forty-eight  ($17,948)   dollars,  the  sum 
of   sixteen   thousand   and   twenty-five    ($16,025)    dollars, 
together  with  interest  thereon  at  the  rate  of  four  per  cent, 
per  annum  from  July  1st,  1902,  to  the  date  of  said  pay- 
ment; 

4.  Instead    of    the     seventh    installment    of     eighteen 
thousand  five  hundred  and  eighty-nine  ($18,589)  dollars, 
the    sum   of    sixteen  thousand  and  twenty-five  ($16,025) 
dollars,  together  with  interest  thereon  at  the  rate  of  four 
per  cent,  per  annum  from  July  1,  1902,  to  the  date  of  said 
payment. 

In  case  of  payment  of  any  or  all  of  said  fourth,  fifth, 
sixth,  or  seventh  installments  on  or  before  July  1,  1902, 
the  said  deliveries  of  said  deeds  for  the  corresponding  plots 
shall  be  made  upon,  and  the  said  Union  Trust  Company  is 
authorized  to  accept  in  payment  therefor,  and  said  party  of 
the  first  part  will  accept  in  full  satisfaction  therefor,  the 
payments  as  follows: 

1.  Instead  of  the  fourth  installment  of  sixteen  thousand 
six  hundred  and  sixty- six    ($16,666)  dollars,  the  sum   of 
sixteen  thousand  and  twenty- five  ($16,025)  dollars; 

2.  Instead  of  the  fifth  installment  of  seventeen  thousand 
three  hundred  and  seven    ($17,307)    dollars,   the   sum   of 
sixteen  thousand  and  twenty-five  ($16,025)  dollars; 

3.  Instead  of  the  sixth  installment  of  seventeen  thousand 
nine  hundred  and  forty-eight  ($17,948)  dollars,  the  sum  of 
sixteen  thousand  and  twenty-five  ($16,025)  dollars; 


250  UNIVERSITY  OF  CALIFORNIA. 

4.  lustead  of  the  seventh  installment  of  eighteen 
thousand  five  hundred  and  eighty-nine  (18,589)  dollars, 
the  sum  of  sixteen  thousand  and  twenty-five  ($16,025 
dollars. 

All  payments  to  be  made  under  this  contract  shall  be 
made  in  gold  coin  of  the  United  States  of  America. 

Conditions  The  party  of  the  second  part  shall  pay  all  taxes  levied  upon 
all  of  the  said  real  property  for  the  present  fiscal  year,  and  all 
taxes  and  assessments  and  all  assessments  or  liens  for  street 
work  which  shall  be  levied  on,  or  become  a  lien  upon,  all  of 
the  said  real  property  during  the  continuance  of  this  agree- 
ment, and  shall  also  pay,  sustain,  and  bear  all  expenses  which 
are  or  may  become  due,  to  the  Union  Trust  Company  for  all 
its  services  in  connection  with  this  agreement  during  the 
continuance  of  this  agreement,  and  in  the  event  that  any 
of  the  said  taxes,  assessments  or  liens  for  street  work  levied 
against  any  of  the  said  property,  or  any  portion  thereof, 
for  which  said  party  of  the  second  part  shall  not  have  paid 
and  received,  or  become  entitled  to  receive,  delivery  of  a 
deed  as  hereinbefore  provided,  shall  be  allowed  to  become 
delinquent  during  the  continuance  of  this  agreement,  it 
shall  be  optional  for  the  party  of  the  first  part  to  pay  the 
same,  and  the  amount  of  any  or  all  such  payments  shall  be 
payable  by  the  party  of  the  second  part  to  the  party  of  the 

interest  first  part,  with  interest  at  the  rate  of  eight  per  cent  per 
annum  until  payment  thereof,  and  upon  the  failure  of  the 
party  of  the  second  part  to  repay  the  same  within  six 
months  after  written  notice  requiring  said  payment,  the 
party  of  the  first  part  may,  at  her  option,  annul  the  said 
contract  as  to  all  portions  of  the  said  property  for  which 
said  party  of  the  second  part  shall  not  then  have  already 
received,  or  become  entitled  to  receive,  a  conveyance  or 
conveyances. 

Possession  The  party  of  the  second  part  shall  be  let  into  possession 
and  occupancy  of  all  of  the  said  real  property  and  all  of  the 
said  seven  several  plots  immediately  upon  the  execution  of 


REGENTS1  MANUAL.  251 

this  agreement,  and  shall  have  the  right  to  cultivate  and 

use  the  whole  thereof  for  such  purposes  as  it  may  deem  best 

during  the  continuance  of  this  agreement,  but  shall  not 

erect  or  cause  to  be  erected  any  permanent  buildings  or 

structures  upon  any  plot  for  which  it  shall  not  at  the  time 

of  such  erection  have  received  or  become  entitled  to  receive 

delivery  of  a  conveyance,  and  shall  not  cause  the  oak  trees 

at  present  standing  on  the  said  plot  number  six  (6)  to  be  cut  Oak  trees 

down,  destroyed,  or  in  any  way  impaired  until  it  shall  have 

received,  or  become  entitled  to  receive,  delivery  of  the  deed 

of  conveyance  of  the  said  plot  number  six  (6). 

Said  party  of  the  second  part  shall,  during  the  con- 
tinuance of  this  agreement,  and  at  all  times  until  it  shall 
have  become  entitled  to  receive  deeds  of  conveyance  to  all 
of  said  property,  pay,  sustain,  and  bear,  at  its  own  cost  and 
charge,  all  expenses  of  every  kind  and  nature  connected 
with  the  possession,  occupancy,  or  use  of  said  premises, 
and  shall,  during  the  same  time,  save  the  party  of  the  first 
part  harmless  and  indemnified  against  all  liability  to  any 
and  all  persons  for  any  and  all  damage  or  damages  to  Liability- 
person  or  property  arising  out  of  the  possession,  use,  or 
occupancy  of  said  property,  and  shall,  at  its  own  proper 
cost  and  charges,  defend  all  actions  and  suits  which  may 
be  brought  by  any  person  or  persons,  for  or  by  reason  of 
any  matter  or  thing  connected  with  the  possession,  occu- 
pancy, or  use  of  said  premises. 

Upon  the  default  or  failure  of  the  party  of  the  second 
part  to  make  payment  of  all  or  any  of  the  said  installments 
for  the  period  of  six  months  after  their  respective  dates 
of  maturity,  the  said  Union  Trust  Company  shall,  at  the 
option  of  the  party  of  the  first  part,  her  heirs  or  assigns, 
return  and  surrender  to  the  said  party  of  the  first  part,  her  surrenderor 
heirs  or  assigns,  to  be  canceled,  all  of  the  said  deeds  which  deeds 
the  party  of  the  second  part  shall  not  then  have  received  or 
become  entitled  to  receive,  and  in  that  event  the  party  of 
the  second  part  shall,  within  three  months  after  receiving 


252 


UNIVERSITY  OF  CALIFORNIA. 


from  the  party  of  the  first  part  written  notice  requiring  it  so 
to  do,  surrender  to  the  party  of  the  first  part  all  of  the  said 
real  property  for  which  it  shall  not  then  have  received  or 
become  entitled  to  receive  a  deed  or  deeds,  in  the  same 
condition  and  state  of  curbs  and  grades  of  streets  and 

Streets  otherwise  as  when  the  party  of  the  second  part  was  let 

into  possession  of  the  same;  but  the  title  to  all  and  every 
plot  and  plots  for  which  a  deed  or  deeds  shall  then  have 
been  delivered  to  the  party  of  the  second  part  pursuant  to 
this  agreement  shall  nevertheless  vest  in  the  party  of  the 

Title  second  part  and  in  the  State  of  California  in  fee  simple 

absolute. 

It  is  hereby  agreed  that  all  the  agreements,  stipulations, 
and  covenants  herein  set  forth  shall  and  do  apply  to  and 
bind  the  heirs,  executors,  administrators,  successors  and 
assigns  of  the  respective  parties  herein  mentioned. 

For  the  purpose  of  further  assuring  and  confirming  to 
the  party  of  the  second  part  the  title  to  all  the  property 
hereinbefore  described,  and  also  all  other  real  property 
included  within  the  exterior  boundary  lines  of  the  map 
first  hereinbefore  mentioned  and  hereto  attached  in  or  to 
which  the  party  of  the  first  part,  or  the  heirs  of  William 
F.  Hillegass,  deceased,  have  any  claim,  right,  title,  or 
interest,  the  said  party  of  the  first  part  has  also  executed 
and  acknowledged,  and  procured  to  be  also  executed  and 
acknowledged,  by  George  Hillegass,  Louise  Hillegass, 
Norma  Hillegass,  and  Elmire  Hillegass,  a  quitclaim  deed, 
numbered  eight  (8),  to  the  party  of  the  second  part,  of 
and  to  all  that  portion  of  the  said  plot  number  seventy-one 
(71)  of  the  V.  &  D.  Peralta  Rancho,  lying  between  the 
northerly  line  of  Bancroft  Way  on  the  south  and  having 
for  its  northerly  boundary  the  southerly  line  of  the  lands 
of  the  University  of  California,  as  the  said  southerly  line  is 
described  in  a  certain  deed  made  by  William  Hillegass  and 

[See  page  241]    Eugenie  Hillegass  to  the  President  and  Board  of  Trustees 
of  the  College  of  California,  dated  September  4,  1860,  and 


REGENTS1  MANUAL.  253 

recorded  in  the  office  of  the  said  Recorder  of  Alameda 
County,  on  December  12,  1865,  in  Liber  T  of  Deeds,  page 
189;  said  quitclaim  deed  also  containing  a  release  and 
relinquishment,  by  the  parties  thereto  of  the  first  part  to 
the  party  thereto  and  hereto  of  the  second  part,  of  all  the 
right,  title,  and  interest  of  the  parties  thereto  of  the  first 
part  of,  in,  or  to  all  of  the  water  rights  attached  to  or 
appurtenant  to  the  property  therein  described  and  all  water  Release  of 
rights  reserved  by  and  to  the  grantors  in  the  said  deed  of  water  rights 
William  F.  Hillegass  and  Eugenie  Hillegass;  and  the  said 
party  of  the  first  part  has  also  delivered  the  said  quitclaim 
deed  to  and  deposited  the  same  with  the  said  Union  Trust 
Company  in  escrow,  to  be  delivered  by  the  said  Union 
Trust  Company  to  the  said  party  simultaneously  with  the 
delivery  of  the  deed  of  and  to  the  said  plot  numbered  seven 
( 7 ) ,  when  the  party  of  the  second  part  shall  have  made  the 
payment  entitling  it  to  the  delivery  of  the  deed  of  and  to 
said  plot  numbered  (7),  and  not  before  or  otherwise. 

This  agreement  is  executed  in  triplicate,  one  copy  being 
retained  by  the  party  of  the  first  part,  one  copy  by  the 
party  of  the  second  part,  and  one  copy  being  delivered  to 
and  deposited  with  the  said  Union  Trust  Company. 

In  Witness  Whereof,  the  party  of  the  first  part  has 
hereunto  set  her  hand  and  seal,  and  the  party  of  the  second 
part,  being  thereunto  duly  authorized,  has  caused  its 
corporate  name  to  be  subscribed  and  its  corporate  seal  to 
be  attached  hereto,  the  day  and  year  first  above  written. 

UNION  TRUST  COMPANY  OF  SAN  FRANCISCO,  a  corpora- 
tion, hereby  acknowledges  that  it  has  this  day  received 
from  Marie  Hillegass,  the  party  of  the  first  part  named  in 
the  foregoing  agreement,  the  seven  several  deeds  of  grant, 
numbered  in  numerical  order  from  one  (1)  to  seven  (7), 
both  numbers  inclusive,  mentioned  and  described  in  the 
said  foregoing  agreement,  and  also  the  quitclaim  deed 
numbered  (8),  therein  also  mentioned  and  described,  and 


254  UNIVERSITY  OF  CALIFORNIA. 

for  and  in  consideration  of  the  sum  of  one  dollar  to  it  paid, 
and  for  other  good  and  valuable  considerations,  the  said 
Union  Trust  Company  agrees  with  the  said  Marie  Hillegass, 
and  with  the  said  Regents  of  the  University  of  California, 
the  party  of  the  second  part  to  the  said  agreement,  that 
said  Union  Trust  Company  will  hold  the  said  deeds  in 
Escrow  escrow  in  accordance  with  the  terms  of  the  said  agreement 
and  will  deliver  the  same  to  the  said  party  thereto  of  the 
second  part  in  accordance  with  the  terms  and  conditions  of 
the  said  agreement  and  not  otherwise,* and  that  upon  the 
payment  to  it  by  the  party  of  the  second  part  of  any  or  all 
of  the  installments  in  said  agreement  mentioned,  it  will 
immediately  pay  the  same  over  to  the  said  Marie  Hillegass, 
her  heirs,  executors,  administrators,  or  assigns,  without 
any  deduction  therefrom  for  its  services  or  expenses  of 
collection,  but  will  look  only  to  the  said  party  of  the  second 
part  for  the  payment  of  any  charges  for  such  services  or 
expenses.  Said  Union  Trust  Company  further  agrees  with 
the  said  Marie  Hillegass  that  upon  the  failure  or  default 
of  the  party  of  the  second  part  in  said  agreement  to  make 
all  or  any  of  the  payments  therein  mentioned  for  the  period 
therein  specified,  it  will,  upon  the  request  of  the  said  Marie 
Hillegass,  her  heirs,  executors,  administrators,  or  assigns, 
return  to  the  said  Marie  Hillegass,  her  heirs,  executors, 
administrators,  or  assigns,  without  recording  or  permitting 
the  same  to  be  recorded,  all  or  any  of  the  said  deeds  for 
which  payments  shall  not  then  have  been  made  in  accord- 
ance with  the  terms  of  the  said  agreement. 

In  Witness  Whereof,  said  Union  Trust  Company  has 
hereunto  caused  its  corporate  name  to  be  subscribed  and  its 
corporate  seal  to  be  attached  hereto,  this  sixteenth  day  of 
October,  1900,  by  its  President,  thereunto  duly  authorized. 

[Duly  executed.  Recorded  in  Liber  760  of  Alameda  County 
Records,  p.  70.] 


REGENTS'  MANUAL.  255 

Resolved,    That   in   consideration    of   the   Union    Trust 
Company  of  San  Francisco  consenting  to  act  as  depositarj' 
under  the  said  agreement  which  has  been  adopted,  without 
compensation,  this  corporation  does  hereby  hold  said  Union  Union  Trust 
Trust  Company  harmless  from  any  loss  or  liability  which  it  f?°b7epany  not 
may  suffer  hereafter  on  account  thereof,  and  does  further 
agree  to  execute  and  deliver  at  any  time,  upon  demand, 
such  writings  as  said  company  may  deem  necessary  to  carry 
this  agreement  of  indemnity  into  effect. 

[Adopted,  October  9,  1900.] 


CHAPTER  II. 

BLAKE    LAND. 

l.— Blake  to  Regents. 

Articles  of  agreement  made  and  entered  into  the  twenty- 
eighth  of  August,  A.D.  1869,  between  George  M.  Blake,  of 
Oakland,  Alameda  County,  State  of  California,  of  the  first 
part,  and  the  Regents  of  the  University  of  California,  a 
corporation  duly  formed  and  existing  under  the  laws  of 
said  State,  of  the  second  part.  Whereas,  heretofore  the 
President  and  Board  of  Trustees  of  the  College  of  California 
donated  to  the  State  of  California,  for  the  uses  of  a  State 
University,  a  certain  tract  of  land  in  the  Township  of 
Oakland,  in  the  County  of  Alameda,  in  said  State,  partic- 
ularly described  in  the  deed  of  conveyance  thereof  to  said 
State,  of  record  in  the  Recorder's  office  of  said  county;  and 
whereas,  the  State  of  California,  represented  by  the  said 
party  of  the  second  part,  hath  undertaken  to  locate  upon 
said  donated  land,  establish,  and  maintain  a  State  Univer- 
sity, embracing  the  several  colleges  described  in  section 
two  of  an  Act  of  the  Legislature  of  said  State,  entitled  "An 
Act  to  create  and  organize  the  University  of  California," 

REGENTS'  MANUAL— 17 


256  UNIVERSITY  OF  CALIFORNIA. 

approved  March  23,  1868;  and  whereas,  the  said  party  of 
the  first  part  is  the  owner  of  that  certain  tract  of  land  in 
said  township,  county,  and  State  hereinafter  particularly 
described,  adjoining  said  first  mentioned  tract  on  the  west- 
erly and  southwesterly  sides  thereof;  and  whereas,  the  said 
mentioned  tract  of  land  hereinafter  described  is  necessary 
to  be  had  by  the  said  State,  represented  by  said  party  of  the 
second  part,  for  the  uses  of  said  State  University;  and 
whereas,  the  said  party  of  the  first  part  is  desirous  of 
fostering  and  encouraging  the  establishment  and  mainte- 
nance of  a  State  University  upon  said  lands,  in  which  shall 
be  merged  and  included  the  Mining  and  Agricultural  Col- 
leges heretofore  existing  in  said  county,  and  the  objects  of 
instruction  of  which  said  colleges  shall  be  taught  in  said 
university  as  branches  of  the  courses  of  instruction  thereof ; 
and  has,  at  the  request  of  the  party  of  the  second  part, 
agreed  that  if  the  said  State  of  California  shall  establish, 
erect,  and  maintain  a  State  University,  embracing  the  said 
Mining  and  Agricultural  Colleges,  on  the  lands  so  donated 
to  the  State  by  the  said  President  and  Board  of  Trustees  of 
the  College  of  California,  within  the  period  of  three  years 
from  the  date  of  these  presents,  that  he  will,  on  request, 
donate  to  the  said  party  of  the  second  part,  and  to  the  State 
of  California,  represented  by  said  party  of  the  second  part, 
for  the  uses  of  said  university,  the  said  tract  of  land  herein- 
above  mentioned  and  hereinafter  described,  and  will  convey 
the  same  to  the  said  party  of  the  second  part,  and  to  said 
State,  for  the  uses  of  said  university,  upon  the  conditions 
hereinafter  expressed.  Now  this  agreement  witnesseth, 
that  the  said  party  of  the  first  part,  for  and  in  considera- 
tion of  the  premises,  and  of  the  sum  of  one  dollar,  lawful 
money  of  the  United  States,  to  him  in  hand  paid  by  the 
said  party  of  the  second  part,  the  receipt  whereof  is  hereby 
acknowledged,  hath  undertaken  and  agreed,  and  doth  hereby 
covenant  and  agree,  to  and  with  the  said  party  of  the  second 
part,  that  if  the  said  State  of  California  shall  establish, 


REGENTS1  MANUAL.  257 

erect,  and  maintain  a  State  University,  embracing  the  said 
Mining  .and  Agricultural  Colleges,  on  the  said  lands  so 
donated  to  said  State  as  aforesaid,  within  the  period  of  two 
years  from  the  date  of  these  presents,  he  will,  and  his  heirs, 
executors,  administrators,  and  assigns  shall,  on  request  of 
said  party  of  the  second  part,  convey,  free  of  incumbrance 
by  him  or  them  made,  done,  created,  or  suffered,  and 
execute,  acknowledge,  and  deliver  to  the  said  party  of  the 
second  part,  and  to  the  State  of  California,  represented  by 
said  party  of  the  second  part,  for  the  use  of  said  university, 
a  good  and  sufficient  conveyance  of  all  that  certain  tract, 
piece,  or  parcel  of  land  situate,  lying,  and  being  in  Oak- 
land Township,  Alameda  County,  and  State  of  California, 
bounded  and  described  as  follows:  *  :  being  part  of 
said  plat  sixty-nine  (69)  and  containing  ten  (10)  acres  of 
land,  with  the  tenements,  hereditaments,  and  appurtenances 
thereunto  belonging  or  in  any  wise  appertaining.  But 
such  conveyance  shall  be  subject  to  the  following  conditions, 


First. — That  the  said  above  described  tract  of  land  shall  Conditions 
during  all  coming  time  be  used  only  for  the  purposes  of  the 
said  State  University; 

Second.  —That  said  above  described  tract  of  land  shall 
not  at  any  time  be  sold  or  in  any  way  encumbered; 

Third. — That  the  said  California  College  "grounds  on 
which  it  is  proposed  to  locate  the  said  State  University 
shall  be  used  for  no  other  purpose,  and  shall  not  be  sold 
or  transferred  to  any  other  person  or  body  corporate; 

Fourth. — That  whenever  said  State  University  shall  be 
removed  from  said  California  College  grounds,  or  sold,  or 
transferred  to  any  other  person  or  body  corporate,  or  shall 
cease  as  a  State  University,  then  the  above  described  lands 
shall  revert  to  the  said  George  M.  Blake,  his  heirs  and  assigns.  Reversion 
The  said  party  of  the  first  part  expressly  reserves  to  himself 
the  exclusive  use  and  occupation  of  the  said  ten  acres  of 


258  UNIVERSITY  OF  CALIFORNIA. 

land  above  described,  without  let  or  hindrance,  until  the 
necessary  buildings  are  erected  for,  and  the  State  University 
shall  be  actually  established  and  in  active  operation  on  said 
college  grounds. 

In  Witness  Whereof  the  said  party  of  the  first  part  hath 
hereunto  set  his  hand  and  seal,  and  the  said  party  of  the 
second  part  hath  caused  these  presents  to  be  subscribed  by 
its  President  and  Secretary,  and  its  corporate  seal  to  be 
hereunto  affixed,  the  day  and  year  first  above  written. 

Signed,  sealed,  and  delivered  in  the  presence  of  J.  Temple 
as  to  signature  of  H.  H.  Haight. 

H.  H.  HAIGHT, 

President  Board  Regents. 

ANDREW  J.  MOULDER, 

Secretary  Board  Eegents. 

Seventh. — That  no  person,  or  body  corporate,  shall  either 
directly  or  indirectly  receive  any  money  or  other  considera- 
tion (except  myself)  for  the  said  ten  acres,  or  any  part 
thereof,  or  for  the  procuring  of  this  donation,  or  for  any 
conveyance  from  me  of  the  said  land. 

Witness  my  hand  and  seal  this  eighth  day  of  November, 
1869. 

GEORGE  M.  BLAKE. 

[Recorded  in  Liber  48,  p.  425,  Records  of  Alameda  County.] 


2.— Blake  to  Regents. 

I,  George  M.  Blake,  of  Oakland,  Alameda  County,  State 
of  California,  in  performance  of  the  terms  on  my  part  of  a 
certain  agreement,  made  and  entered  into  by  me  with  the 
Regents  of  the  University  of  California,  dated  August  28, 
1869,  and  recorded  in  the  County  Recorder's  office  of 
Alameda  County,  December  3,  1869,  in  Liber  No.  48  of 
Deeds,  at  pages  425,  etc.,  do  hereby  grant  to  the  Regents 


REGENTS'  MANUAL.  259 

of  the  University  of  California,  a  corporation  duly  formed 

and  existing  under  the  laws  of  the  State  of  California,  all 

that  real  property  situated  in  Oakland  Township,  Alameda 

County,  and  State  of  California,  bounded  and  described  as 

the  same  is  particularly  bounded  and  described  in  the  said 

agreement,  and  being  part  of  plot  number  (sixty-nine)  69, 

as  shown  on  Julius  Kellersberger's  map  of  subdivision  of 

Vicente  and  Domingo  Peralta's  portion  of  the  Rancho  San 

Antonio,  said  portion  of  said  plot  containing  ten  acres. 

This  grant  is  made  upon  and  subject  to  all  the  conditions  Conditions 

expressed  in  the  said  foregoing  agreement;  except,  that  I 

hereby  agree  that  the  said  grantee  has  become  entitled  to 

this  conveyance,  and  to  the  use  and  occupation  of  the  said 

tract  of  land,  by  the  terms  of  said  agreement. 

In  Witness  Whereof,  I  have  hereunto  set  my  hand  and 
seal  this  first  day  of  April,  in  the  year  one  thousand  eight 
hundred  and  seventy- three. 

GEO.  M.  BLAKE. 

[Duly  executed  and  recorded,  Liber  89  of  Deeds,  p.  353,  Records 
of  Alameda  County.] 


By  accident  the  Blake  donation  is  printed  here  instead  of  at  page  175,  its 
proper  place. 


PART    V 


GRANTS    AND    LICENSES 


REGENTS'  MANUAL.  263 

GRANTS  AND  LICENSES. 
l. — Regents  to  Mary  E.  Brayton. 

This  indenture,  made  the  twenty-eighth  day  of  Novem- 
ber, A.  D.  one  thousand  eight  hundred  and  seventy  -  — , 
between  the  Regents  of  the  University  of  California,  party 
of  the  first  part,  and  Mary  E.  Brayton,  of  Oakland, 
Alameda  County,  California,  party  of  the  second  part, 
witnesseth:  That  the  said  party  of  the  first  part,  for  and 
in  consideration  of  the  sum  of  thirty  thousand  dollars, 
lawful  money  of  the  United  States  of  America,  to  it  in 
hand  paid  by  the  said  party  of  the  second  part,  at  or  before 
the  ensealing  and  delivery  of  these  presents,  the  receipt 
whereof  is  hereby  acknowledged,  has  granted,  bargained 
and  sold,  conveyed  and  confirmed,  and  by  these  presents 
does  grant,  bargain  and  sell,  convey  and  confirm  unto  the 
said  party  of  the  second  part,  and  to  her  heirs  and  assigns 
forever,  all  those  certain  pieces  or  parcels  of  land,  situate, 
lying,  and  being  in  the  County  of  Alameda,  State  of  Cali- 
fornia, bounded  and  described  as  follows,  to  wit:  *  * 

[See  description  on  pages  168  ff.] 

To  have  and  to  hold,  all  and  singular  the  above  men- 
tioned  and  described  premises,  together  with  the  appur- 
tenances, unto  the  said  party  of  the  second  part,  her  heirs 
and  assigns  forever.     Excepting  and  reserving  out  of  and     % 
from   this  conveyance   and   out   of   the   premises,   firstly, 
secondly,  and   fourthly  above  described,  the  right  to  the 
water  arising  upon  or  flowing  across  the  same,  so  far  as  it  Water  rights 
shall  be  needed  for  the  use  of  the  University  of  California,   reserved 
and  the  right  to  enter  upon  said  land  for  the  purpose  of 
constructing  and  laying  the  necessary  pipes  to  make  the 
same  available,  the  same  to  be  exercised  in  such  manner  as 
not  to  interfere  with  the  use  and  occupation  of  the  land  for 
cultivation  and  to  do  no  damage  to  the  crops  thereon. 

[Recorded  in  Liber  61,  p.  198,  Records  of  Alameda  County.] 


264  UNIVERSITY  OF  CALIFORNIA. 


2.— Pipes  of  Alameda  Water  Company. 

A  license  revocable  at  the  pleasure  of  the  Board  of 
Regents,  is  hereby  granted  to  said  petitioner  (Alameda 
Water  Co.)  to  pass  underground  over  the  eastern  boundary 
of  the  University  grounds  to  a  point  where  a  certain  road- 
way intersects  Strawberry  Creek  as  shown  by  the  accom- 
panying map,  thence,  following  said  roadway  southerly  and 
westerly  in  the  direction  of  Prospect  Street,  over  the  lands 
recently  purchased  from  H.  A.  and  Jane  O.  D.  Palmer. 

[September  10,  1890.] 

3.— Permit  for  Street  Railway  on  Oxford  Street  and 
Allston  Way. 

Resolved,  That  a  street  railway  on  Oxford  Street,  from 
Center  Street  to  Allston  Way,  and  on  Allston  Way  from 
Oxford  Street  to  Dana  Street,  is  for  the  advantage  and 
benefit  of  the  State  University  and  the  convenience  of  the 
various  officers  and  students  of  said  University,  as  well  as 
for  the  citizens  of  the  State  at  large  who  visit  the  Univer- 
sity. That  in  view  of  such  advantage  the  Oakland  Con- 
solidated Street  Railway  Company,  a  corporation,  is  hereby 
licensed  aud  allowed  to  construct  its  tracks  in  a  manner 
authorized  by  the  franchise  therefor  heretofore  granted  by 
the  Trustees  of  the  town  of  Berkeley,  except  that  said 
Oakland  Consolidated  Street  Railway  Company  shall  con- 
struct along  and  upon  the  street  and  way  above  named  only 
one  track  or  roadway,  with  one  switch  or  turnout  about 
equi-distant  from  said  Oxford  and  Dana  Streets.  And  to 
thereafter  use  said  street  and  way  only,  however,  during 
Condition  the  pleasure  of  the  Board  of  Regents;  and  provided,  said 
corporation  shall,  before  entering  upon  said  street  and  way, 
accept  by  resolution  this  license  revocable  at  the  pleasure 
of  said  Board  of  Regents,  and  shall,  moreover,  agree  to 
remove  its  property  of  every  nature  and  kind  from  said 


REGENTS'  MANUAL.  265 

portions  of  said  street  and  way,  upon  the  demand  of  said 
Board  of  Regents,  whenever  such  demand  shall  be  hereafter 
made. 

Resolved  further,  That  upon  receipt  of  said  resolutions 
so  required  to  be  passed  by  said  Oakland  Consolidated 
Street  Railway  Company,  by  the  Secretary  of  the  Board, 
certified  by  the  counsel  of  the  Board  to  be  satisfactory, 
said  street  railway  company  may  enter  upon  said  portions 
of  said  street  and  way,  and  proceed  to  construct  its  tracks 
and  appliances  necessary  to  use  the  same. 

Resolved  further,  That  these  resolutions  shall  constitute 
the  revocable  license  above  referred  to,  and  that  a  copy 
thereof  shall  be  immediately  forwarded  by  the  Secretary  to 
said  Oakland  Consolidated  Street  Railway  Company. 

Provided,  That  said   railway   company   shall   leave  the 
roadway  on  the  side  of  the  University  grounds  in  as  good  Roadway 
condition  as  it  now  is,  and  shall,  so  long  as  this  privilege 
exists,  maintain  it  in  equally  good  condition. 

[February  9,   1892.] 


4.— Railroad  Improvements  on  the  North  End  of  Choate 
Street  or  Telegraph  Avenue. 

OAKLAND,  August  26,  1892. 

To  the  honorable  Board  of  Regents,  University  of  California: 
GENTLEMEN:  The  Pacific  Improvement  Company,  now 
being  engaged  in  constructing  an  electric  railroad  between 
Oakland  and  Berkeley,  with  its  northern  terminus  on 
Choate  Street,  adjacent  to  your  grounds,  desires  the  privi- 
lege of  erecting  one  of  its  poles  on  the  northerly  line  of  the 
street  known  as  Allston  Way.  The  desired  location  of 
pole  is  at  the  intersection  of  the  center  line  of  Choate 
Street,  if  produced  northerly,  and  the  fence  now  standing 
on  the  southerly  line  of  your  inclosed  grounds.  Such 


266  UNIVERSITY  OF  CALIFORNIA 

privilege,  if  granted,  to   be  subject  to  any  conditions,  re- 
strictions, or  limitations  you  may  deem  proper  to  impose. 
Respectfully, 

H.  R.  GUPPY, 

Engineer  and  Superintendent,  for  Pacific  Improvement  Company. 

Resolved,  That  the  application  of  the  Pacific  Improve- 
ment Company,  presented  by  H.  R.  Guppy,  Engineer  and 
Superintendent  for  said  Pacific  Improvement  Company, 
August  26,  1892,  be  and  the  same  is  hereby  granted,  upon 
Condition  the  condition  that  this  privilege  is  held  and  enjoyed  at  the 
pleasure  of  the  Regents  of  the  University  of  California,  and 
subject  to  such  regulations  and  restrictions  as  the  said 
Board  may  from  time  to  time  prescribe;  and  also  upon  the 
express  agreement  that  said  Pacific  Improvement  Company 
will  quit  and  surrender  such  occupation  of  said  point  in 
said  application  mentioned,  as  it  may  enjoy,  and  remove 
its  said  property  and  all  of  it,  as  mentioned  in  said  appli- 
cation, whenever  requested  to  do  so  by  the  said  Board  of 
Regents. 

[September  6,  1892.] 

5.— Permit  to  F.  L.  Such  to  Erect  a  Bridge. 

Resolved,  That  F.  L.  Such  be  and  he  is  hereby  allowed 
to  use  the  road  over  the  University  grounds,  down  and 
along  Strawberry  Creek,  until  further  notice,  and  that  he 
may  at  his  own  expense  make  such  repairs  thereon  as  may 
be,  in  the  opinion  of  the  Secretary  of  the  University  of 
Condition  California,  necessary;  provided,  and  upon  the  condition 
that  said  F.  L.  Such  will  execute  and  file  with  the  Secretary 
of  this  Board  an  agreement  to  the  effect  that  he  will  cease 
and  abandon  all  use  of  said  road,  and  all  improvements 
and  repairs  made  thereon,  upon  written  request  served 
upon  him  or  his  agent  in  charge  of  the  Such  ranch,  near 
the  source  of  said  Strawberry  Creek,  situated  in  Alameda 
County,  California,  and  that  this  permit  shall  not  be 
assigned  or  transferred. 


REGENTS'  MANUAL.  267 

THIS  AGREEMENT,  made  this  eighteenth  day  of  October, 
1893,  by  and  between  F.  L.  Such,  the  party  of  the  first 
part,  and  the  Regents  of  the  University  of  California,  party 
of  the  second  part, 

Witnesseth:  That  whereas,  the  party  of  the  second  part 
has,  by  resolution  passed  on  the  tenth  day  of  October,  1893, 
a  copy  of  which  is  hereto  attached,  marked  "A,"  and  made  a 
part  hereof,  licensed  said  party  of  the  first  part  to  use  and 
improve  that  certain  private  road  along  Strawberry  Creek; 

Now,  in  consideration  of  said  permit,  said  party  of  the 
first  part  hereby  covenants  and  agrees  to  cease  and  abandon 
all  use  of  said  road,  and  to  deliver  all  improvements 
thereon  to  said  party  of  the  second  part  whenever  requested 
so  to  do;  and  also  that  the  said  party  of  the  first  part  will 
not  assign  or  transfer  said  license  or  improvements. 

In  Witness  Whereof,  said  party  of  the  first  part  has 
hereto  affixed  his  hand  and  seal  the  date  first  above  written. 

[October  10,  1893.] 

6.— Lease  of  Portion  of  Lick  Observatory  Reservation. 

Resolved,  That  Professor  James  E.  Keeler,  Director  of 
the  Lick  Observatory,  be  and  he  is  hereby  authorized  to 
sign  an  agreement  in  the  nature  of  a  lease,  on  behalf  of  the 
Board  of  Regents,  giving  James  H.  Kincaid  and  James  T. 
Harney,  of  Smith  Creek,  the  exclusive  use  of  that  portion 
of  the  Lick  Observatory  reservation  which  lies  north  of  the 
county  road  and  west  of  the  brickyard.  Said  agreement 
or  lease  to  contain  a  stipulation  that  said  land  shall  be 
used  only  for  the  purpose  of  grazing  cattle,  and  that  sheep 
will  not  be  placed  upon  it  or  allowed  to  enter  upon  the 
land,  and  that  said  James  H.  Kincaid  and  James  T. 
Harney  shall  build  a  fence  sufficient  to  confine  their  stock 
within  the  limits  of  the  leased  land.  That  as  a  considera-  Consideration 
tion  for  the  use  of  said  land  for  grazing  purposes,  Messrs. 
Kincaid  and  Harney  shall  deliver  to  the  Lick  Observatory, 


268  UNIVERSITY  OF  CALIFORNIA. 

as  called  for  by  the   Director,  eight  (8)  cords  of  four- foot 

(4)  wood  per  annum  during  the  continuance  of  their  use  of 
the  land;  provided,  that  no  part  of  said  eight  cords  of  wood 
shall  be  cut  on  any  portion  of  the  land  of  the  Lick  Observ- 

Term         atory.     The  agreement  to  be  for  the  period  or  term  of  five 

(5)  years,  and  thereafter  to  be  terminated  at  one  year's 
notice  from  either  party  to  the  agreement  to  the  other. 

[January  25,  1900.] 

7.— Right  of  Way  Granted  to  Standard  Electric  Company. 

Whereas,  The  Regents  of  the  University  of  California 
have  adopted  a  resolution  in  the  following  words,  to  wit: 

Resolved,  That  the  Regents  of  the  University  of  Cali- 
fornia authorize  the  Standard  Electric  Company  of  Cali- 
fornia, a  corporation,  to  erect  and  maintain,  through  the 
lands  of  the  University,  known  as  the  Flood  Estate,  situ- 
ated in  the  County  of  San  Mateo,  State  of  California,  two 
lines  of  poles,  with  the  necessary  wires,  conductors, 
appliances,  connections,  and  fastenings,  for  the  trans- 
mission of  electricity.  The  said  poles  shall  be  of  any 
suitable  material  and  form,  and  shall  be  erected  and 
maintained  by  the  said  company,  subject  at  all  times  to 
the  direction  and  approval  of  the  Regents,  in  a  straight 
line  along  the  northeast  fence,  as  the  said  fence  now  exists, 
separating  the  salt  pasture  from  the  salt  marsh  of  the  said 
estate. 

Revocable  This  authority  is  understood  to  be  a  license,  revocable 
license  a£  the  pleasure  of  the  Regents,  upon  written  notice  of  sixty 
days  given  by  the  Regents  to  the  said  company,  or  to  any 
agent  or  employe  thereof.  In  the  event  of  revocation  the 
said  company  shall  immediately  remove  from  the  said  lands 
all  of  the  said  poles,  wires,  conductors,  appliances,  con- 
nections, and  fastenings,  and  shall  immediately  restore  the 
said  lands,  as  near  as  can  be  done,  to  their  present 
condition. 


REGENTS'  MANUAL.  269 

This  license  is  conferred  upon  the  condition  that  the 
said  company  shall  be  liable  for  and  shall  pay  to  the  Liability 
Regents,  their  tenants  or  employes,  all  damages  of  every 
kind  which  may  be  caused  to  or  suffered  by  the  Regents, 
their  tenants  or  employes,  as  the  case  may  be,  and  shall 
hold  the  Regents,  tenants  or  employes,  as  the  case  may  be, 
harmless  from  all  damages  of  every  kind  which  may  be 
caused  or  suffered  in  any  way  by  reason,  in  any  manner 
whatsoever,  of  the  erection  or  maintenance  of  the  said 
poles,  wires,  conductors,  appliances,  connections,  or 
fastenings. 

Should  any  accident  occur  to  the  said  poles,  wires,  con-  Accident 
ductors,  appliances,  connections,  or  fastenings,  which,  in 
the  opinion  of  the  Regents,  or  their  agents  or  employes,  is 
liable  to  cause  injury  to  person  or  property  upon  the  said 
lands,  then  the  Regents,  or  their  employes,  may  imme- 
diately use  such  means,  even  to  the  destruction  of  the  said 
poles,  wires,  conductors,  appliances,  connections,  or  fast- 
enings, as  in  their  opinion  may  prevent  or  lessen  such 
injury,  without  liability  to  the  said  company  therefor. 

This  license  shall  include  permission  to  the  said  com- 
pany, by  its  agents  and  employes,  to  enter  upon  the  said 
lands,  but  solely  for  the  purpose  of  erecting,  maintaining, 
altering,  repairing:  and  inspecting  the  said  poles,  wires, 
conductors,  appliances,  connections,  and  fastenings. 

This  license  shall  take  effect  when  the  terms  and  con- 
ditions thereof  shall  be  assented  to  and  accepted  by  the 
said  company  by  resolution  duly  adopted  by  the  Board  of 
Directors  thereof,  and  a  copy  of  such  resolution,  certified 
by  the  Secretary  of  the  said  company  to  be  a  full,  true, 
and  correct  copy  of  such  resolution,  shall  have  been 
received  by  and  filed  in  the  office  of  the  Secretary  of  the 
Regents. 

Now,  therefore,  be  it 

Resolved,  That  this  corporation,  in  consideration  of  the 
license  conferred  upon  this  corporation  by  the  said  resolu- 


270  UNIVERSITY  OF  CALIFORNIA. 

tion,  do  hereby  assent  to  and  accept  the  terms  and 
conditions  of  the  said  license;  and  be  it  further 

Resolved,  That  the  Secretary  of  this  corporation  be  and 
he  is  hereby  directed  to  transmit  to  the  Secretary  of  the 
Regents  of  the  University  of  California  a  copy  of  this 
resolution,  certified,  under  the  seal  of  this  corporation,  to 
be  a  full,  true  and  correct  copy  of  this  resolution. 

[Approved,  March  12,  1901.] 

8.— License  to  Spring  Valley  Water  Works. 

Resolved,  That  the  President  of  the  University  of  Cali- 
fornia and  the  Secretary  of  the  Board  of  Regents  of  the 
University  of  California,  be  and  they  are  hereby  authorized 
and  directed  to  make  and  execute,  in  the  name  of  the 
Regents  of  the  University  of  California,  to  the  Spring 
Valley  Water  Works,  a  grant  of  right  of  way  in  the 
following  words  and  figures: 

THIS  INDENTURE,  made  this  -  -  day  of ,  A.D. 

1902,  by  and  between  the  Regents  of  the  University  of 
California,  a  corporation  organized  and  existing  under  and 
by  virtue  of  the  laws  of  the  State  of  California,  and  A.  S. 
Baldwin,  of  the  City  and  County  of  San  Francisco,  State 
of  California,  the  parties  of  the  first  part,  and  the  Spring 
Valley  Water  Works,  a  corporation  organized  and  existing 
under  and  by  virtue  of  the  laws  of  the  State  of  California, 
the  party  of  the  second  part. 

WITNESSETH:  That  the  parties  of  the  first  part,  for  and 
in  consideration  of  the  sum  of  ten  dollars,  to  them  in  hand 
paid  by  the  party  of  the  second  part,  the  receipt  of  which 
is  hereby  acknowledged,  do  hereby  convey  and  grant  to 
the  party  of  the  second  part,  its  successors  and  assigns, 
Right  of  way  the  right  to  construct  and  maintain  thereon,  with  free 
ingress  and  egress  in  addition  to  the  present  trestle-work 
and  pipe-line  of  the  Spring  Valley  Water  Works,  additional 
trestles,  pipes  and  conduits,  with  their  appurtenances,  and 


REGENTS'  MANUAL.  271 

the  privilege  and  right  of  way  over,  on  or  under  a  strip  of 
land  thirty- three  (33)  feet  in  width,  more  particularly 
described  as  follows: 

Commencing  on  the  southerly  line  of  the  northwest 
quarter  of  the  northwest  quarter  of  section  nineteen  (19), 
township  five  (5)  south,  range  two  (2)  west,  Mount  Diablo 
Base  and  Meridian,  at  the  point  where  a  line  five  (5)  feet 
southeasterly  from  and  parallel  to  the  southwesterly  line  of 
the  present  trestle-work  of  the  Spring  Valley  Works  inter- 
sects the  said  southerly  line  of  the  northwest  quarter  of  the 
northwest  quarter  of  said  section  nineteen  (19),  thence 
running  in  a  northeasterly  direction  and  parallel  to  the 
said  southeasterly  line  of  the  Spring  Valley  Water  Works' 
trestle-work  and  five  (5)  feet  distant  therefrom,  thirty  (30) 
chains  more  or  less,  to  the  easterly  boundary  line  of  lands 
jointly  owned  by  the  Regents  of  the  University  of  Cali- 
fornia and  A.  S.  Baldwin,  thence  running  northwesterly 
along  the  said  easterly  boundary  line  forty  (40)  feet,  more 
or  less,  to  a  point  where  a  line  parallel  to  and  thirty-three 
(33)  feet  northwesterly  from  the  first  described  line  along 
the  southeasterly  side  of  the  Spring  Valley  Water  Works' 
trestle-work  intersects  the  said  boundary  line,  thence  south- 
westerly and  parallel  to  the  first  described  line,  and 
thirty- three  (33)  feet  northwesterly  therefrom,  thirty  (30) 
chains,  more  or  less,  to  the  said  southerly  boundary  line  of  the 
northwest  quarter  of  the  northwest  quarter  of  section  nine- 
teen (19)  first  above  mentioned,  thence  east,  and  along  said 
line,  forty-five  (45)  feet,  more  or  less,  to  the  point  of 
commencement. 

The  said  party  of  the  second  part  is  to  bridge,  at  its  sole 
cost  and  expense,  when  called  upon  to  do  so  by  the  parties 
of  the  first  part,  or  their  successors  in  interest,  over  the 
said  pipe- lines  and  rights  of  way  hereby  granted,  not 
exceeding  three  (3)  in  number,  for  the  purpose  of  cross-  Crossings 
ings, — inclines  not  to  be  steeper  than  one  (1)  foot  in  ten 

RKGEKTS'  MANUAL— IS 


272  UNIVERSITY  OF  CALIFORNIA. 

(10)  feet  on  both  sides  and  not  to  exceed  sixteen  (16)  feet 
in  width,  after  future  trestle  and  conduit  lines  are  con- 
structed . 

In  Witness  Whereof,  the  Regents  of  the  University  of 
California,  by  the  President  of  the  University  of  California 
and  the  Secretary  of  the  Board  of  Regents  of  the  Univer- 
sity of  California,  thereunto  duly  authorized,  has  hereunto 
affixed  its  corporate  name  and  seal,  the  said  A.  S.  Baldwin 
has  hereunto  set  his  hand  and  seal,  and  the  said  Spring 
Valley  Water  Works,  by  its  president  and  its  secretaiy, 
thereunto  duly  authorized,  has  hereunto  affixed  its  corporate 
name  and  seal,  the  day  and  year  above  written. 

And  resolved,  That  the  President  of  the  University  of 
California  and  the  Secretary  of  the  Board  of  Regents  of 
the  University  of  California,  be  and  they  are  hereby 
further  authorized  and  directed,  on  behalf  of  the  Regents 
of  the  University  of  California,  to  deliver  to  the  Spring 
Consideration  Valley  Water  Works  the  said  grant,  upon  the  receipt  by 
them  from  the  Spring  Valley  Water  Works  of  a  sum  of 
money  equal  to  one-half  of  seventy  (70)  cents  per  linear 
foot  of  the  said  right  of  way. 

See  page  187. 

[March  11,  1902.] 


9.— Lease  to  International  Geodetic  Association. 

THIS  INDENTURE,  made  the  eleventh  day  of  January, 
1902,  between  the  Regents  of  the  University  of  California,  a 
corporation,  the  party  of  the  first  part,  and  the  International 
Geodetic  Association,  party  of  the  second  part, 

WITNESSETH:  That  the  said  party  of  the  first  part  has 
leased  and  demised  by  these  presents  unto  the  party  of  the 
second  part  upon  the  consideration  of  One  Dollar,  the 
receipt  whereof  is  hereby  acknowledged,  and  for  the  fur- 
ther consideration  that  the  party  of  the  second  part  has 


REGENTS1  MANUAL.  273 

made  a  gift   to   the   party   of    the   first   part  of  the  same 
premises  herein  described,  the  following  described  premises. 

All  that  certain  lot,  piece  or  parcel  of  laud  situate,  lying 
and  being  in  the  County  of  Mendocino,  State  of  California, 
and  bounded  and  particularly  described  as  follows,  to- wit: 

The  east  one-half  of  lot  number  Eight  of  Charles  Luce's 
subdivision  of  Lot  Eighty-five  of  Yokayo  Rancho,  accord- 
ing to  a  map  or  plat  of  the  same  as  surveyed  October  5th, 
1887,  by  William  Van  Allen  and  known  as  Luce's  Addition 
to  the  town  of  Ukiah  City,  said  map  and  plat  being  filed 
at  request  of  Wm.  Van  Allen  in  the  office  of  the  County 
Recorder  of  Mendocino  County  on  the  9th  day  of  November, 
1887,  the  said  east  one-half  of  lot  number  Eight  being 
more  particularly  described  as  follows,  to- wit: 

Beginning  at  a  point  on  the  southerly  line  of  Luce 
Avenue  according  to  said  map,  at  the  northeast  corner  of 
said  lot  number  Eight  running  thence  westerly  along  the 
said  southerly  line  of  said  Luce  Avenue,  two  hundred  and 
eight  (208)  and  fifty-five  (55)  hundredths  feet;  thence 
southerly  in  a  straight  line  five  hundred  and  thirty-three 
(533)  and  seventy  (70)  hundredths  feet  to  a  point  on  the 
northerly  line  of  Park  Avenue  midway  between  the  south- 
east and  the  southwest  corners  of  said  lot  number  Eight. 
Thence  easterly  along  the  northerly  line  of  Park  Avenue, 
two  hundred  and  ten  (210)  and  twenty-five  (25)  hundredths 
feet  to  the  southeast  corner  of  said  lot  number  Eight; 
thence  northerly  along  the  easterly  line  of  lot  number 
Eight,  five  hundred  and  thirty- three  (533)  feet  to  the 
place  of  beginning,  containing  two  and  one-half  acres  of 
land,  more  or  less. 

With   the   appurtenances   thereof   for  the   term  of   ten  Term 
years  from  the  date  hereof. 

Provided,  That  the  party  of  the  first  part  shall  not 
become  liable  for  any  expenses  whatsoever  for  said  property, 
but  shall  be  held  by  the  party  of  the  second  part  free  and 
harmless  therefrom. 


274  UNIVERSITY  OF  CALIFORNIA. 

In  Witness  Whereof,  the  party  of  the  first  part  by  reso- 
lution duly  passed  has  caused  these  presents  to  be  sub- 
scribed by  the  President  and  the  University  of  California, 
and  its  corporate  name  and  seal  to  be  hereunto  affixed  the 
day  and  year  first  above  written. 

See  page  215. 

10.— Agreement  with  Miss  Flood.* 

THIS  AGREEMENT,  made  this  eighth  day  of  September,  in 
the  year  of  our  Lord  one  thousand  nine  hundred  and  three 
(1903),  between  the  Regents  of  the  University  of  Cali- 
fornia, a  corporation,  the  party  of  the  first  part,  and  Cora 
Jane  Flood,  of  the  City  and  County  of  San  Francisco, 
State  of  California,  the  party  of  the  second  part,  wit- 
nesseth: 

WHEREAS,  The  party  of  the  first  part,  by  its  deed  dated 
this  day  has  granted,  bargained,  sold  and  conveyed  unto 
the  party  of  the  second  part  all  those  certain  lots,  pieces  or 
parcels  of  land,  situate,  lying  and  being  in  the  County  of 
San  Mateo,  State  of  California,  and  bounded  arid  described 
as  follows,  to  wit:  *  *  * 

AND  WHEREAS,  The  party  of  the  second  part  has  this 
day  paid  to  the  party  of  the  first  part  the  sum  of  one 
hundred  and  fifty  thousand  ($150,000)  dollars  in  United 
States  gold  coin,  as  the  consideration  for  the  said  deed  and 
for  the  execution  by  the  party  of  the  first  part  of  this 
agreement;  and, 

WHEREAS,  The  said  lots,  pieces  or  parcels  of  land  have 
been  heretofore  and  are  now  supplied  with  water  by  the 
Bear  Gulch  Water  Company,  a  corporation,  in  which  the 
party  of  the  first  part  is  the  principal  stockholder; 
Water  supply  Now,  therefore,  The  party  of  the  first  part  hereby  agrees 
that,  from  the  date  hereof  until  the  thirteenth  day  of 
September,  A.D.  1948,  except  as  hereinafter  provided,  it 

*  Contained  in  full  in  Minutes  of  the  Board,  Vol.  14,  p.  Ill;  Sept.  8,  1903. 


REGENTS'  MANUAL.  275 

will  pay,  without  cost  or  charge  of  any  kind  to  the  party  of 
the  second  part,  or  to  her  successors  in  estate,  hereinafter 
mentioned,  for  the  water  supplied  by  the  said  Bear  Gulch 
Water  Company,  or  its  successors,  to  the  party  of  the 
second  part,  or  to  her  said  successors  in  estate,  for  use  and 
consumption  by  the  party  of  the  second  part,  or  by  her 
said  successors  in  estate,  upon  the  said  lots,  pieces  or 
parcels  of  land,  or  any  thereof,  not  to  exceed  in  the  aggre- 
gate twenty-four  million  gallons  in  one  year,  it  being 
expressly  understood  and  agreed  that  if  less  than  the  said 
quantity  of  twenty-f  our  million  gallons  shall  be  supplied  as 
aforesaid  in  any  one  year,  the  party  of  the  first  part  shall 
pay  for  such  lesser  quantity  only  as  may  be  so  supplied, 
and  shall  not  thereafter  at  any  time  pay  for  the  difference 
between  such  lesser  quantity  and  the  said  quantity  of 
twenty-four  million  gallons,  and  it  being  also  understood 
that  the  party  of  the  first  part  hereby  recognizes  that  it  is 
morally  bound  to  see  to  it,  as  far  as  it  is  able  to  do  so,  that 
water  is  supplied  as  aforesaid  by  the  said  Bear  Gulch 
Water  Company,  or  its  successors. 

And  it  is  hereby  further  agreed  that  is  before  the  said 
13th  day  of  September,  A.D.  1948,  neither  the  party  of  Term 
the  second  part,  nor  any  of  her  said  successors  in  estate, 
namely  her  brother,  James  L.  Flood,  the  wife  of  the  said 
James  L.  Flood,  and  the  issue  or  descendants  of  the  said 
James  L.  Flood,  shall  own,  in  fee  simple,  any  of  the  said 
lots,  pieces  or  parcels  of  land,  then  the  obligation  herein- 
before contained  on  the  part  of  the  party  of  the  first  part 
to  be  performed  shall  end  as  to  such  lots,  pieces  or  parcels 
of  land  of  which  the  party  of  the  second  part,  and  her  said 
successors  in  estate,  shall  cease  to  be  the  owners  in  fee 
simple  as  aforesaid,  from  and  after  the  time  the  party  of 
the  second  part  and  her  said  successors  in  estate  shall  so 
cease  to  be  the  owners  in  fee  simple. 

This  agreement  is  made  for  the  benefit  of  the  party  of 
the  second  part,  and  of  her  said  successors  in  estate. 


276  UNIVERSITY  OF  CALIFORNIA. 

In  Witness  Whereof,  the  party  of  the  first  part  has 
hereunto,  by  resolution  duly  adopted,  caused  its  name  to 
be  subscribed  by  its  President  and  Secretary,  and  its  corpo- 
rate seal  to  be  affixed  by  its  Secretary,  and  the  party  of  the 
second  part  has  hereunto  subscribed  her  name,  the  day  and 
year  first  above  written. 

[September  8,  1903.] 

See  above  p.  187. 


PART    VI 


ORDERS    OF  THE   BOARD 


REGENTS'  MANUAL.  279 


OFFICERS    AND    MEETINGS. 

1 . — The  regular  officers  of  the  Board  shall  consist  of  a  Officers 
President,  who  is  the  Governor  of  the  State,  as  provided 
by  law,  a  Secretary,  a  Treasurer,  a  Land  Agent,  and  an 
Attorney.     The  offices  of  Secretary  and  Land  Agent  -may 
he  held  by  the  same  person. 

[See  page  28.] 

2. — It  shall  be  the  duty  of  the  President  of  the  Board  to  President  of 
preside  at  its  meetings.     In  case  of  his  absence,  or  of  his   Board 
inability  to  act,  his  place  may  be  supplied,  pro  tempore,  for 
that  meeting,  by  any  member  of  the  Board  who  may  be 
chosen   for   that  purpose  by  a   majority  vote   of   all  the 
members  present. 

[See  page  28.] 

3. — The  Secretary,  Treasurer,  Land  Agent,  and  Attorney  Officers  elected 
shall  be  elected  by  the  Board  and  shall  hold  office  during  the 
pleasure  of  the  Board.     The  Secretary,  Land  Agent,  and 
Treasurer  shall   give  bonds  for  such  amounts  and  in  such 
form  as  the  Board  shall  prescribe. 

[See  page  34,] 

Secretary. 

4. — It  shall  be  the  duty  of  the  Secretary  to  give  notice  secretary's 
of  all   meetings  of   the  Board;   to  keep  and  duly  record  duties 
the  minutes  of   its    proceedings    in    a    book  provided  for 
hat  purpose;  to  discharge  the  duties  required  of  him  by 
aw;   and  to  assist  the    President  of  the    University,  the 
committees  of  the  Board,  and  the  Treasurer,  in  the  discharge 
of  their  duties,  whenever  required  by  them.     In  case  of  the 
absence  of  the  Secretary,  or  of  his  inability  to  act,  his  place 
may  be  supplied  by  appointment  of  the  Board,  pro  tempore. 
[See  page  34.] 

REGENTS'  MANUAL,— 19 


280 


UNIVERSITY  OF  CALIFORNIA. 


Documents  in 
minutes 


5. — No  documents,  other  than  reports  of  committees, 
shall  be  spread  upon  the  minutes  of  the  Board  unless  so 
ordered. 

[See  page  316.] 


Communica- 
tions through 
Secretary 


6. — Communications,  other  than  from  professors  and 
instructors,  intended  for  the  Board,  may  be  delivered  to 
the  Secretary  who  shall  report  them  to  the  Board  at  its 
next  regular  meeting  thereafter;  or  they  may  be  presented 
directly  to  the  Board. 


Reports,  etc., to        7. — All  reports,  letters,  and  other  documents  presented 
to  the  Board  must  be  immediately  placed  in  the  hands  of 

archives 

the  Secretary  who  shall  file  them  in  the  archives  of  his 
office. 


Date  of  filing 
and  index  of 
documents 


8. — The  Secretary  shall  indorse  upon  all  documents 
presented  to  the  Board  the  date  of  filing  and  the  number 
of  the  same  in  the  order  of  filing,  and  shall  keep  and 
preserve  an  index  thereof  by  subjects. 


Report  of 
condition  of 
budget 
allotments 


9. — The  Secretary  shall  present  to  the  Board,  at  each 
regular  meeting  thereof,  a  statement  showing  the  disburse- 
ments for  the  last  preceding  calendar  month  from  the  budget 
allotments,  the  total  disbursements  from  the  budget  allot- 
ments from  the  beginning  of  the  fiscal  year  to  the  end  of 
such  calendar  month,  and  the  unexpended  balance  in  each 
budget  allotment. 


Report  of 
official  acts 


10. — The  Secretary  shall  report  to  the  Board,  at  each 
regular  meeting  thereof,  his  official  acts  since  the  last  pre- 
ceding regular  meeting  of  the  Board. 


Acceptance  of          11. — The  Secretary  is  authorized,  on  behalf  of  the  Board, 
work  done  under  fco  file  acceptances  of  work  done  under  contracts  with  the 

contract 

Board,  upon  certification  by  the  architect  thereof. 


REGENTS'  MANUAL.  281 

12. — The  Secretary  is  authorized,  on  behalf  of  the  Board, 
to  file  claims  against  insurance  companies  for  any  loss  of  Claims  for 
property  of  the  University  insured  in  such  companies,  to  insurance 
execute  and  make  oath  to  proofs  of  such  loss,  and  to  appoint 
appraisers  to  appraise  such  loss,   in  accordance  with  the 
terms  of  the  policies  of  insurance,  and  to  receive  payments 
thereunder  and  to  execute  receipts  and  releases  therefor. 

13. — The  Secretary  shall  procure  for  purchases  in  foreign   insurance  for 
countries  open  policies  of  insurance  in  sufficient  amounts  to  Abroad565 
cover  contemplated  shipments,  and  upon  receipt  by  him  of 
the  invoices  and  bills  of  lading  for  such  shipments,  he  is 
authorized  to  approve  for  payment  the  bills  therefor. 

14. — The  Secretary  shall  make  an  annual  report  to  the  secretary's 
Board  of  the  conduct  of  his  office  and  of  his  official  acts  up  report 
to  the  close  of  each  fiscal  year. 

Treasurer. 

15. — It  shall  be  the  duty  of  the  Treasurer  to  receive  Treasurer's 
and  take  charge  of  all  moneys  of  the  University  subject  ' 
to  the  control  of  the  Board;  to  disburse  the  same  on 
the  warrants  of  the  President  of  the  Board  and  the  Secretary, 
drawn  upon  him  in  pursuance  of  the  orders  of  the  Board ;  and 
to  make  a  full  report  of  his  receipts  and  disbursements  at  each 
regular  meeting  of  the  Board,  and  at  such  other  times  as 
the  Board  may  specially  direct.  All  moneys  received  by 
the  Treasurer  on  account  of  the  University  shall  be  depos- 
ited by  him  without  delay  to  the  credit  of  "  The  Regents  of 
the  University  of  California." 

16. — All  moneys  collected  by  the  Secretary,  or  by  any  Moneys  to  be 
other  officer  or  agent  of  the  Board  for  account  of  the  Uni-  !j^"£drwith 
versity,  shall  be  deposited  with  the  Treasurer  immediately 
upon  such  collection. 


282 


UNIVERSITY  OF  CALIFORNIA. 


Warrants,  how 
drawn 


Treasurer's 
checks 


Notification  of 
interest  and 
renewal  of 
insurance 

Bonds  for 

Consolidated 

Perpetual 

Endowment 

Fund 


Deposit  of 
notes, 


securities, 


and  mortgage 
papers 


Land  Agent's 
duties 


17. — Warrants  for  all  disbursements  of  moneys  shall  be 
drawn  upon  the  Treasurer,  in  his  favor,  by  the  President 
of  the  Board  and  the  Secretary,  in  pursuance  of  the  orders 
of  the  Board.  The  Treasurer  shall  immediately  disburse 
by  his  separate  checks  the  moneys  represented  by  warrants 
so  drawn,  and  shall  deliver  such  checks  to  the  Seeretary 
for  the  payment  of  the  accounts  represented  by  such 
warrants. 

[See  page  43.] 

18. — It  shall  be  the  duty  of  the  Treasurer  to  notify 
borrowers  of  interest  due,  and  to  procure  the  renewal  of 
insurance  policies  held  as  security  therefor. 

19. — The  Treasurer  of  the  University,  in  remitting  to  the 
State  Treasurer  bonds  belonging  to  the  University  to  be 
placed  to  the  credit  of  the  Consolidated  Perpetual  Endow- 
ment Fund  of  the  University,  shall  advise  the  State  Con- 
troller of  such  remittances  at  the  time  the  same  are  made. 

[See  page  81.] 

20. — All  notes  and  mortgages,  and  insurance  policies 
held  as  security  therefor,  shall  be  deposited  with  the 
Treasurer. 

21. — All  bonds,  stocks,  and  other  securities  not 
deposited  with  the  State  Treasurer  shall  be  deposited 
with  the  Treasurer  of  the  University. 

22. — In  all  cases  where  loans  are  made,  the  note,  the 
mortgage,  the  application,  the  report  of  the  examiner,  the 
abstract  of  title,  and  the  opinion  of  the  Attorney  shall  be 
deposited  with  the  Treasurer. 

Land  Agent. 

23. — The  Land  Agent  is  authorized  and  empowered  to 
commence  and  prosecute  through  the  Attorney,  in  the  name 
of  The  Regents  of  the  University  of  California,  all  suits 
necessary  to  enforce  the  collection  of  arrears  of  interest 


REGENTS'  MANUAL.  283 

due,  or  which  may  become  due,  on  account  of  sales  of  land 
by  the  University,  when  the  purchasers  thereof  fail  to  comply 
with  the  terms  of  their  contracts  with  the  University. 

24. — The  Land  Agent  shall  make  an  annual  report  to  the   Report 
Board  up  to  the  close  of  each  fiscal  year. 

Attorney. 

25. — The  Attorney  shall  attend  all  meetings  of  the  Board  Attorney's 
and  all  meetings  of  committees  at  which  his  presence  is  duties 
requested.     He  shall  attend  to  all  legal  matters  pertaining 
to  the  University. 

Meetings. 

26. — The  regular   meetings  of  the  Board  shall   be  held  Meetings,  time 
in  San  Francisco  on  the  second  Tuesday  of  each  month,   andp|aceof 
and  at  the  seat  of  the  University  on  the  day  preceding 
Commencement  Day  in  May  of  each  year. 

[See  page  44.] 

27. — The  room  and  adjoining  anteroom  on  the  southwest   Room 
corner   of   the  second   floor  of  the  Hopkins   Institute  of  formeetines 
Art,  shall  be  set  aside  for  the  exclusive  use  of  the  Regents, 
and  all  meetings  of  the  Board  to  be  held  in  San  Francisco, 
shall  be  held  in  such  rooms. 

28. — The  President  of  the  Board,  or  any  four  members  special 
thereof,  may  call  special  meetings  of  the  Board  at  any  time;  meetin8s> 
and  notice  of  the  time,  place,  and  purpose  thereof  shall  be 
given  to  each  Regent  by  the  Secretary,  by  letter  or  tele- 
gram, addressed  to  him  at  his  last  known  place  of  business 
or  residence,  at  least  twenty-four  hours  before  the  time 
appointed  for  such  meeting.  Service  of  such  notice  as 
aforesaid  shall  be  entered  upon  the  minutes  of  the  Board, 
and  the  said  minutes,  when  read  and  approved  at  a 
subsequent  meeting  of  the  Board,  shall  be  conclusive  upon 
the  question  of  service. 


284 


UNIVERSITY  OF  CALIFORNIA. 


and  business  to 
be  transacted 


Notification  of 
meetings 


Quorum  and 
adjournment 


Order  of 
business  at 
regular, 


29. — No  business  other  than  that  mentioned  in  the  notice 
of  a  special  meeting  shall  be  considered  at  such  meeting. 

30. — The  Treasurer,  the  Attorney,  the  Deans  of  the 
Affiliated  Colleges,  and  the  Director  of  the  Lick  Observa- 
tory shall  be  notified  of  the  time  of  meetings  of  the  Board. 

31. — Seven   Regents  shall  constitute  a  quorum  for  the 
transaction  of  business.     Any  meeting  may  be  adjourned, 
and  its  business  continued  to    an    appointed  day,  by  the 
vote  of  a  majority  of  the  Regents  present. 
[See  page  44.] 

Order  of  Business. 

32. — The  following  shall  be  the  order  of  business  at  each 
regular  meeting: 

1.  Roll  call. 

2.  Reading,  correction,  and  approval  of  the  minutes  of 
the  last  meeting. 

3.  Report  of  the  President  of  the  University. 

4.  Reports  of  standing  committees. 

5.  Reports  of  special  committees. 

6.  Reports  of  the  Secretary,  Land  Agent,  and  Treasurer. 

7.  Unfinished  business. 

8.  New  business. 

At  special  meetings  the  order  of  business  shall  be  the 
special  purpose  or  purposes  for  which  the  meeting  was 
called. 

The  regular  order  of  business  may  be  suspended  at  any 
meeting  by  a  vote  of  two-thirds  of  the  Regents  present. 

33. — Roberts'  Rules  of  Order  is  adopted  to  govern  the 
proceedings  of  the  Board,  in  so  far  as  it  shall  not  be  incon- 
sistent with  the  orders  of  the  Board  or  the  laws  governing 
the  Board. 


REGENTS'  MANUAL. 


285 


Reports  and  Resolutions. 

34. — All  resolutions  presented  to  the  Board  shall  be  in   Resolutions 
writing. 

35. — All   reports   to    the    Board   shall   be   presented  in   Reports 
writing. 

Committees. 


On  Finance, 

On  Grounds  and  Buildings, 


committees 


36. — There  shall  be  the  following  standing  committees: 

each  Consisting  Of    List  of  standing 

five  appointed 

members; 

On  Equipment  and  Supplies, 
On  Agriculture  and  Experiment  Stations, 
On  Colleges  of  Medicine  and  Dentistry, 
On  Library  and  Museum, 
On  Lick  Observatory, 
On  Wilmerding  School, 
On  Flood  Endowment, 


each  consist- 
ing of  three 
appointed 
members. 


37.     The  President  of  the  Board  and  the  President  of  Presidents 
the  University  shall  be  ex  officio  members  of  all  standing  and  members  of 

17  —  committees 

special  committees,  in  addition  to  the  appointed  members 
of  such  committees. 

38. — The  Board,  at  its  regular  meeting  in  May  in  each 
year,  shall  nominate  the  members  of  the  several  standing  Nomination, 
committees  and  shall  recommend  them  to  the  President  of  c°"firmati°". 

and  vacancies 

the  Board  for  his  confirmation.     Vacancies  shall  be  filled  in  standing 
through  nomination  by  the  Board,  subject  to  confirmation  c 
by  the   President   of   the    Board.     Members    of   standing 
committees  shall  hold  office  until  their  successors  shall  be 
confirmed   by  the  President  of  the  Board.     The  member 
whose  name  appears  first  in  order  on  the  list  of  a  standing 
committee,  as  confirmed  by   the  President  of  the  Board, 
shall  be  the  chairman  of  that  committee.     Each  committee,   chairman 


286 


UNIVERSITY  OF  CALIFORNIA. 


and 
Vice-chairman 


Powers  of 

standing 

committees 


Regular 
meetings 
of  standing 
committees 


Special 
committees 


Special 
meetings 


Joint 
committees 


upon  confirmation,  shall  elect  a  vice-chairman,  who  shall 
act  as  chairman  in  the  absence  or  inability  of  the  chairman 
to  act. 

39. — The  several  standing  committees  are  specially 
charged  with  the  immediate  care  and  supervision  of  the 
subject-matters  respectively  indicated  by,  and  properly 
relating  to,  their  titles,  which  matters  unless  declared 
urgent  by  a  two-thirds  vote  of  the  Board  shall  be 
respectively  so  referred;  and  the  committees  shall  severally 
report  progress,  or  finally,  at  the  next  regular  meeting 
of  the  Board  following  the  reference. 

40. — The  regular  meetings  of  the  standing  committees 
shall  be  held  at  least  once  in  each  month,  at  times  and 
places  to  be  fixed  by  each  of  such  committees. 

41 . — Special  committees  may  be  created  at  any  meeting  of 
the  Board  to  act  upon  any  matters  not  properly  belonging 
to  a  standing  committee.  Such  committees  shall  be 
appointed  by  the  President  of  the  Board,  or  by  resolution, 
and  must  report  at  the  regular  meeting  of  the  Board  next 
after  their  appointment,  or  at  such  other  time  as  may  be 
directed. 

42. — Special  meetings  of  a  committee  may  be  called  by 
the  chairman  of  that  committee.  In  case  of  the  absence 
of  the  chairman  or  of  his  inability  to  act,  the  vice-chairman 
of  the  committee  is  authorized  to  call  such  meetings.  The 
President  of  the  University  is  authorized  to  call  a  special 
meeting  of  any  committee  at  any  time. 

43. — Any  matter  may  be  referred  to  a  joint  committee  com- 
posed of  two  or  more  standing  committees,  or  composed  of  a 
standing  and  a  special  committee.  Such  joint  committee 
shall  elect  its  own  chairman,  and  a  majority  of  its  members 
shall  make  the  report  for  such  joint  committee. 


REGENTS'  MANUAL.  287 

44. — The   Secretary  shall  notify  the   members  of   each  Notification  of 
committee  of  the  time  and  place  of  all  meetings  thereof,   committee 

'     meetings 

and  shall  attend  and  keep  minutes  of  the  proceedings  of 
all  meetings. 

45. — A  number  equivalent  to  a  majority  of  the  appointed  Quorum  of 
members  of  any  committee,  regular  or  special,  shall  con-  committee 
stitute  a  quorum  of  such  committee. 


Committee  on  Grounds  and  Buildings. 

46. — The  Committee  on  Grounds  and  Buildings  is  author-   Amendment  and 
ized  and  empowered  to  amend  or  enlarge  any  contract  made  enlareement  of 

contracts 

by  it  by  authority  of  the  Board.  All  such  amendments  or 
enlargements  shall  be  reported  to  the  Board  for  confirma- 
tion at  the  next  regular  meeting  of  the  Board  thereafter. 


Finance  Committee. 

47. — The  Finance  Committee  shall  present  to  the  Board  Budget 
at  the  regular  meeting  of  the  Board  in  April  in  each  year, 
a  budget  apportioning  to  the  several  departments  of  the 
University  the  estimated  income  of  the  University  for  the 
ensuing  fiscal  year,  commencing  on  July  first  following. 
The  budget  as  adopted  by  the  Board,  and  as  subsequently 
modified  or  amended  by  the  Board,  shall  remain  in  force, 
subject  to  further  modification  or  amendment,  until  a  new 
budget  shall  be  adopted  by  the  Board. 

[See  page  43.] 

48. — The  Finance  Committee  shall  cause  the  books  of  Audit  of  books 
account  of  the  University  to  be  audited  at  least  once  in 
ever}'  three  months  and  shall  report  on  the  audit  to  the 
Board  at  the  next  regular  meeting  thereof  after  the  audit 
shall  have  been  made. 


288  UNIVERSITY  OF  CALIFORNIA. 

Bills  to  be  49. — The  Finance  Committee  shall  not  approve  for  pay- 

approved          ment  anv  bills  presented  to  it  which  require  to  be  first 

by  Quorum 

of  committee     approved  by  another  committee  of  the  Board,  unless  such 
after  meeting     \)i\\s  shall  have  been  approved  by  a.  quorum  of  the  latter 
committee  at  a  meeting  thereof  duly  called  and  held. 


savings  bank         50. — The  Finance  Committee  is  authorized  and  empow- 
deposits  ere(j  |-o  withdraw  from  savings  banks  any  and  all  moneys 

therein  deposited  to  the  credit  of  The  Regents  of  the 
University  of  California,  whenever  the  Committee  shall 
deem  it  advisable,  and,  under  the  instructions  of  the  Board, 
to  invest  the  same. 


Purchase  of  51 . — The  Finance  Committee  is  authorized  and  empowered 

improved  real  £Q  negOtiate,  subject  to  the  approval  of  the  Board,  for  the 
purchase  of  improved  real  property  in  the  State  of  California, 
provided  such  property  will  realize  at  the  time  of  the 
purchase  an  income  of  not  less  than  five  per  cent,  per 
annum,  net,  on  the  purchase  price  of  the  same. 


Loans  on  52. — The  Finance  Committee  is  authorized  and  empowered 

real  property  j.Q  joan  on  grg£  mortgages  of  real  property  in  the  State  of 
California  such  moneys  of  the  University  as  may  be 
available  for  loans,  at  rates  of  interest  not  less  than  five 
per  cent,  per  annum,  and  for  terms  not  exceeding  five 
years,  after  the  title  to  such  property  shall  have  been 
approved  by  the  Attorney. 


Renewal  of  53. — The  Finance  Committee  is  authorized  and  empowered 

loans  to  renew  loans  upon  their  maturity,  upon  the  same  terms 

and  conditions  as  those  upon  which  the  loans  were  originally 

made,  and  to  reduce  the  loans  when  so  renewed  to  such 

amounts  as  it  may  deem  proper. 


MAX  UAL.  289 


Financial  Matters. 

54. — All  orders  or  resolutions  authorizing  the  expenditure  orders  for 
or  directing  the  payment  of  money  shall  be  passed  only  by  Payment  of 

money 

a  majority  vote  of  the  Regents  present  at  a  meeting  of  the 
Board,  on  a  call  of  the  roll  by  ayes  and  noes,  and  such  vote 
shall  be  recorded  at  length  in  the  minutes  of  the  Board. 

55. — The  Board  shall  not  vote  upon  an  appropriation  of  Appropriation 
five  hundred  dollars  ($500),   or  over,   until  the  Finance  of*500or 

more  to  be 

Committee  shall  have  first  reported  upon  such  appropriation,   reported  on  by 

Finance 
Committee 

56. — No  demands  or  bills  shall  be  ordered  paid  by  the 
Board  until  the  same  shall  have  been  first  approved  by  the   Bills  to  be 
proper  committee   and   also   by  the   Finance    Committee,   aPProvedby 

committee  and 

except  upon  a  majority  vote  of  two-thirds  of  the  Regents  audited  by 
present  at  a  meeting  of  the  Board  and  on  a  call  of  the  roll   Finance 

Committee 

by  ayes  and  noes,  and  such  vote  shall  be  recorded  at  length 
in  the  minutes  of  the  Board. 

57. — The  wages  of  laborers,  janitors,  artisans,  policemen,   semi-monthly 
watchmen    and   emploves  of  the  printing   office   shall   be  Pavmentof 

.  ...  employes 

paid  semi-monthly. 

58. — The  Chairman  of  the  Finance  Committee  is  author-  Approval  of 
ized  and  empowered  to  approve  the  current  salary  rolls,   salary°lls 
certified  by  the  President  of  the  University  and  by  the 
Secretary,  on  or  after  the  fifteenth  day  of  each  month,  for 
the  current  month.     Immediately  after  such  approval,  the 
Secretary  shall  forward  to  the  President  of  the  Board  for  warrant 
his  signature  the  warrant  drawn  upon  the  Treasurer  for 
such  salaries.    Such  warrant,  when  signed  by  the  President 
of  the  Board,  shall  be  delivered  to  the  Treasurer,  who  shall  Checks  from 
deliver  to  the  Secretary,  on  the  last  business  day  of  each  1 
month,  his  separate  checks,  in  payment  of  such  salaries,  to 
the  persons  to  whom  the  salaries  are  due  and  payable. 


290 


UNIVERSITY  OF  CALIFORNIA. 


Advances  for 
urgent  claims 


Loans, 


procedure  in 


Interest  on 
loans,  when 
to  begin 


59. — The  Treasurer,  upon  the  approval  by  the  President 
of  the  University  and  by  a  majority  of  the  members  of  the 
Finance  Committee,  is  authorized  and  empowered  to  advance 
sufficient  funds  to  pay  urgent  claims  against  the  Board, 
and  also  to  pay  the  semi-monthly  wages  of  laborers, 
janitors,  artisans,  policemen,  watchmen,  and  employes  of 
the  printing  office.  Such  advances  shall  be  reported  to  the 
Board  for  approval  at  the  next  regular  meeting  of  the 
Board  thereafter. 

60. — All  applications  for  loans  shall  be  made  in  such 
form  as  shall  be  provided  by  the  Finance  Committee. 

61. — When  a  loan  shall  have  been  made  on  mortgage  by 
the  Finance  Committee,  the  President  of  the  Board  and  the 
Secretary  shall,  when  requested  by  the  Chairman  of  the 
Finance  Committee,  draw  a  warrant  upon  the  Treasurer  for 
the  amount  of  such  loan.  The  Treasurer  shall  thereupon 
deliver  his  check  in  favor  of  the  borrower  to  the  Attorney. 
If  the  title  to  the  property  mortgaged  shall  be  approved  by 
the  Attorney,  he  shall  deliver  such  check  to  the  borrower, 
upon  receiving  from  the  borrower  the  securities  properly 
executed  for  the  loan ;  and  after  the  mortgage  shall  have 
been  properly  recorded,  he  shall  immediately  notify  the 
Treasurer  of  the  date  of  the  delivery  of  such  check.  All 
such  loans  shall  be  reported  to  the  Board  by  the  Finance 
Committee  at  the  next  regular  meeting  of  the  Board  after 
the  loans  shall  have  been  made. 

62. — All  loans  on  mortgages  made  by  the  Finance  Com- 
mittee shall  commence  to  bear  interest  immediately  upon 
the  delivery  of  the  check  of  the  Treasurer  therefor  to  the 
borrower;  provided,  however,  that  in  the  case  of  loans 
made  upon  property  on  which  a  building  is  to  be  erected, 
the  loans  shall  commence  to  bear  interest  at  such  times  as 
may  be  provided  by  the  Finance  Committee. 


REGENTS1  MANUAL.  291 

63. — The  President  of  the  Board  and  the  Secretary  are   Release  of 
authorized  and  empowered  to  execute  in  the  name  of  The  mortsa8e  after 

maturity 

Regents  of  the  University  of  California  and  to  affix  the 
corporate  seal  thereof  to  releases  of  mortgages,  when  the 
same  shall  have  matured,  upon  orders  therefor  signed  by  a 
majority  of  the  members  of  the  Finance  Committee,  and 
upon  certificates,  signed  by  the  Treasurer  and  by  a  majority 
of  the  members  of  the  Finance  Committee,  that  the  principal 
and  interest,  and  all  other  charges  thereon,  have  been  paid. 
The  releases,  when  so  executed,  shall  be  delivered  by  the 
Secretary  to  the  Attorney,  and  thereupon  the  Treasurer 
shall  deliver  to  the  Attorney  the  mortgages  so  released  and 
the  notes  secured  thereby,  and  any  other  securities  held  for 
the  loans  secured  by  such  mortgages,  and  thereupon  the 
Attorney  shall  deliver  such  releases,  mortgages,  notes  and 
other  securities  to  the  persons  entitled  thereto. 

64. — The  President  of  the  Board  and  the  Secretary  are   Release  of 
authorized  and  empowered  to  execute  in  the  name  of  The  mortsa8e  after 

renewal 

Regents  of  the  University  of  California  and  to  affix  the 
corporate  seal  thereof  to  releases  of  mortgages,  when  the 
loans  secured  thereby  shall  have  been  renewed,  upon  orders 
therefor  signed  by  a  majority  of  the  members  of  the  Finance 
Committee,  and  upon  certificates,  signed  by  the  Treasurer 
and  by  a  majority  of  the  members  of  the  Finance  Committee, 
that  new  notes  and  mortgages  have  been  executed  in  renewal 
of  such  loans  and  have  been  delivered  into  the  custody  of 
the  Treasurer,  and  that  all  interest  and  other  charges  on 
the  loans  renewed  have  been  paid.  The  releases,  when  so 
executed,  shall  be  delivered  by  the  Secretary  to  the  Attorney, 
and  thereupon  the  Treasurer  shall  deliver  to  the  Attorney 
the  mortgages  so  released  and  the  notes  secured  thereby, 
and  thereupon  the  Attorney  shall  deliver  such  releases, 
mortgages,  and  notes  to  the  persons  entitled  thereto. 

65. — In  case  any  person  in  the  employ  of  the  University  Deduction  for 
in  any  capacitv,  and  receiving  a  salary  or  compensation  Paymentof 

unauthorized 
bills. 


292  UNIVERSITY  OF  CALIFORNIA. 

therefor,  shall  assume  irregularly,  or  without  due  authority, 
to  incur  any  indebtedness  on  behalf  of  the  University,  and 
the  same  shall  be  paid  by  the  University,  the  amount 
thereof  shall  be  deducted  from  the  salary  or  compensation 
of  the  person  so  incurring  such  indebtedness. 

Requisitions  66. — No  purchases  exceeding  five  dollars  ($5)  in  amount 

for  amounts        shall  be  made  in  any  department,  except  as  otherwise  pro- 
exceeding  .  ... 
five  dollars         vided  in  these  Orders,  without  previous  requisition  upon 

the  Secretary,  duly  signed  and  approved, 

Requisitions  67. — Requisitions    shall   be    made   only   on   Requisition 

on  Books,          Books  furnished  by  the  Secretary. 

in  duplicate  Requisitions  shall  be  made  in  duplicate,  and  must  be 

signed  by  the  head  of  the  department,  or  by  some  other 
member  of  the  department  authorized  by  the  President  of 
the  University  so  to  sign ;  and  approved  by  the  President  of 
the  University  and  by  the  Secretary. 

when  Requisitions  shall  not  be  required  where  the  Board  has 

specifically  ordered  expenditures  for  definite  purposes:  nor 

are  unnecessary 

for  expenditures  made  under  standing  orders,  authorized  by 
the  Board;  nor  for  expenditures  for  periodicals,  serials, 
blacksmithing,  traveling  expenses  on  University  business, 
telegraphing,  telephoning,  labor  or  expressage;  nor  in  the 
expenditure  of  contingent  funds;  nor  for  such  other 
purposes  as  the  President  of  the  University  may  deem 
urgent. 

u.  s.  and  State        Requisition   for  the  full  amount  of  United  States  and 
appropriations     state  appropriations  must  be  made  before  the  fifteenth  day 

of  June  in  each  year. 

indorsement  All  requisitions  must  be  indorsed  with  date,  name,  and 

amounts  of  liabilities  incurred  under  such  requisitions,  and 
stamped  "filled"  when  exhausted. 

Unfilled  When  a  requisition  has  been  approved,  an  order  issued 

requisitions        thereon,  and  a  charge  made  therefor  against  an  existing 

appropriation,  the  amount  thereof  shall  be  reported  to  the 


REGENTS'  MANUAL.  293 

Board  and  added  to  the  apportionment  for  the  next  fiscal 
year  if  there  remains  an  unexpended  balance  to  the  credit 
of  such  appropriation. 

68. — The  President  of  The  Regents  of  the  University  of  Form  of 
California  is  authorized  and  empowered  to  draw  from  the  Authorization 

for  withdrawal 

State  Treasury,  upon  an  order  drawn  upon  the  State  Of  money  from 
Controller  for  a  warrant  on  the  State  Treasurer  in  favor  of  State  treasury 
the  Treasurer  of  the  University  of  California,  at  any  time 
at  which  payments  may  become  due  or  shall  have  become 
due,  any  and  all  moneys  appropriated  by  the  Legislature  of 
the  State  of  California  for  the  uses  of  the  The  Regents  of 
the  University  of  California,  and  any  and  all  moneys 
received  by  the  State  of  California  from  the  United  States 
for  the  uses  of  The  Regents  of  the  University  of  California, 
and  any  and  all  moneys  realized  from  the  Consolidated 
Perpetual  Endowment  Fund  of  the  University  of  California, 
interests,  profits,  income,  or  revenue  arising  therefrom, 
which  are  subject  to  disbursement  to  meet  the  current 
annual  expenses  of  the  University  of  California,  and  any 
and  all  interest  received  on  bonds  held  in  trust  for  The 
Regents  of  the  University  of  California,  and  also  the  annual 
interest  of  forty-seven  hundred  and  eighty-five  dollars 
($4785),  provided  for  by  an  Act  approved  March  3,  1893, 
as  amended  March  11,  1899. 
[See  pages  90,  93.] 

69. — The  State  Treasurer  is  directed  to  pay  over  to  the  state  Treasurer 
Treasurer  of  the  University  of  California,  all  moneys  paid  to  pa.y  over 

17      r  certain  moneys 

into  the  State  Treasury  for  the  redemption  of  bonds 
belonging  to  the  University  in  accordance  with  the  terms  of 
an  Act  entitled  "An  Act  to  provide  for  the  better  control 
and  management  of  the  several  funds  of  the  University  of 
California,  and  for  the  investment  and  security  of  the 
same,"  approved  March  7,  1883. 
[See  page  82.] 


UNIVERSITY  OF  CALIFORNIA. 


REGENTS. 


Commissions 
of  Regents 


70. — Regents  shall  present  their  commissions  upon  their 
first  introduction  to  the  Board,  and  the  Secretary  shall 
enter  upon  the  minutes  the  fact,  with  an  abstract  of  the 
commissions. 

[See  page  28.] 


Regents  not  to 
receive  salary 


71. — No    Regent  shall  be  elected  or  appointed  by  the 
Board  to  any  position  with  a  salary. 

[See  page  44.] 


Regents  not  to 
be  pecuniarily 
interested  in 
University 
transactions 


72. — No  Regent  shall  be  interested,  directly  or  indirectly, 
in  any  contract  with  the  Board,  nor  in  furnishing  any 
supplies  to  the  University,  nor  in  any  purchases  from  the 
University,  nor  in  the  transportation  of  any  goods  with 
those  purchased  or  transported  for  the  University. 


SEAL. 


Form  and  73. — The  corporate  seal  of  The  Regents  of  the  University 

design  of  seal      of  California  shall  be  of  the  following  form  and  design : 


[See  page  108.] 


Seal  not  to  be 
used  on 
teachers' 
certificates 


74. — The   corporate    seal   shall  not   be  used  on  recom- 
mendations for  teachers'  certificates. 


MANUAL.  295 

ACADEMIC    SENATE. 

75. — The   Academic   Senate    shall    organize    and    shall  Duties  of 
perform    such  duties   as   are   required  by  law,  and   shall  Senate 
exercise  such  other  powers  as  the  Board  may  confer  upon 
it.     It  shall  hold  at  least  two  sessions  in  each  year  at  the 
seat  of  the  University,  and  as  many  others  thereat  or  else- 
where, as  may  be  expedient. 

[See  page  37.] 

76. — All  persons  authorized  by  the  Board  to  engage  in  Membership 
instruction    in    any    of    the    colleges    of    the    University  ofSenate 
are    entitled    to    participate    in    the    discussions    of    the 
Academic   Senate;    but  the  power  of   voting   is   confined 
to  the  President  of  the  University,  the  professors,  resident 
and  non-resident,  and  the  associate  and  assistant  professors 

[See  page  38.] 

77. — The  Recorder   of   the  Faculties  shall  be  ex  officio  Secretary  of 
Secretary  of  the  Academic  Senate. 

ACADEMIC    COLLEGES. 

78. — The  following  academic  colleges  are  established:          L'stof 
College  of  Letters  (classical  course),  leading  to 

the  degree  of  A.B. 
College  of  Agriculture,  leading  to  the  degree  of 

B.S. 

College  of  Mechanics,  leading  to  the  degree  of  B.S. 
College  of  Mining,  leading  to  the  degree  of  B.S. 
College  of  Civil  Engineering,  leading  to  the  degree 

of  B.S. 
College  of   Chemistry,  leading  to  the  degree  of 

B.S. 
College  of  Social  Sciences,  leading  to  the  degree 

of  B.L. 
College  of  Natural  Sciences,  leading  to  the  degree 

of  B.S. 

College  of  Commerce,  leading  to  the  degree  of  B.S. 
[See  pages  16,  18.] 

REGENTS'  MANUAL,— 20 


UNIVERSITY  OF  CALIFORNIA. 


Applicants'  age 
and  character 


Women 


Examinations 
for  admission, 
where  held 


Normal  school 
graduates 


Principal  may 

request 

accrediting 


Admission  of  Students: 

79. — Every  applicant  must  be  at  least  sixteen  years  of 
age,  and  must  present  a  satisfactory  certificate  of  good 
moral  character. 

[See  page  30.] 

80. — Women   shall    be  admitted   to   the    University  on 
equal  terms  with  men. 
[See  page  67.] 

81. — Examinations  for  admission  to  the  University  may 
be  held  elsewhere  than  at  the  seat  of  the  University, 
in  the  discretion  of  the  Academic  Senate,  provided  the 
expenses  of  such  examinations  be  paid  by  the  applicants. 

82. — Graduates  of  the  State  Normal  Schools  of  California 
may  be  admitted,  without  examination,  to  the  status  of 
special  students  in  the  University.  The  Academic  Senate 
shall  provide  special  courses,  to  continue  two  years,  for  such 
students;  and  on  the  successful  completion  thereof  a 
certificate  of  that  fact  shall  be  granted  to  such  students  by 
the  University. 

[See  page  150.] 

Visitation  of  Schools. 

83. — Upon  the  request  of  the  Principal  of  any  public 
or  private  school  in  California,  in  which  the  course  of  study 
embraces,  in  kind  and  extent,  the  subjects  required  for 
admission  to  any  college  of  the  University,  a  committee 
of  the  Academic  Senate  may  visit  such  school,  and 
report  upon  the  quality  of  the  instruction  given  therein. 
If  the  report  of  such  committee  be  favorable,  a  graduate  of 
the  school,  upon  the  personal  recommendation  of  the 
Principal,  accompanied  by  his  certificate  that  the  graduate 
has  satisfactorily  completed  the  studies  of  the  course  pre- 
paratory to  the  college  he  wishes  to  enter,  may,  in  the 
discretion  of  the  Faculty  of  such  college,  be  admitted 
without  examination. 

[See  page  153.] 


REGENTS'  MANUAL.  297 

84. — All  applications  made  in  accordance  with  the  pro-   Date  of  annual 
visions  of  Article  83  must  be  in  the  hands  of  the  Recorder  "pp'ication 
of  the  Faculties,  at  the  seat  of  the  University,  on  or  before 
the  first  day  of  December  in  each  school  year. 

85. — Before  placing  High  Schools  on  the  accredited  list,   Legal 
it  shall  be  the  duty  of  the  committee  to  ascertain  that  they  High  Schools 
are  legally  established  High  Schools. 

86. — All    expenses    incident    to    the     examination     of  Expense  of 
private  schools  shall  be  borne  by  such  schools,  provided  visiting  private 

.         .  schools 

that   no    charge    shall    be    made   for   the    examination    of 
private  schools  in  the  cities  of   San  Francisco,  Oakland 
and  Alameda. 

87. — The  Finance  Committee  may  advance  the  necessary  Advance 

traveling  expenses  for  visiting  the  schools  throughout  the  Paymem  of 

State,  upon  receiving  an  estimate  thereof  approved  by  the  expenses 
President  of  the  University. 


Tuition  Fee. 

88. — No  tuition  fee  shall  be  required  from  any  student   NO  tuition  to 
in  any  of  the  Academic    Colleges,    who  is  a  resident  of  ^s,'dtentsof 

California, 

California. 

[See  page  32.] 

89. — Students  not  residents  of  California  shall  be  charged  $20  to 
a  tuition  fee  of  twenty  dollars  per  annum  in  the  Academic  " 
Colleges,  payable  in  two  installments  of  ten  dollars  each,  the 
first  at  the  opening  of  the  fall  term,  in  August,  and  the 
second  at  the  opening  of  the  spring  term,  in  January. 


Fellows  and  Assistants. 

90. — Persons  appointed  as  Fellows  shall  be  required  to  Duties  of 
devote  all  their  time  to  advanced  study;  except  that  on  the  F 
recommendation  of  the  head  of  the  department  concerned, 


298 


UNIVERSITY  OF  CALIFORNIA. 


Duties  of 
Assistants 


Prizes  to  be 
authorized 


Register,  how 
published 


and  by  vote  of  the  Academic  Senate,  a  Fellow  may  be 
allowed  to  offer  advanced  instruction  in  the  immediate 
subject  which  he  is  studying,  to  an  extent  not  exceeding  two 
hours  per  week,  or  to  assist  advanced  students  in  laboratory 
work  not  exceeding  six  hours  per  week. 

91 . — Persons  below  the  grade  of  Instructor,  who  assist  in 
the  work  of  the  several  departments,  either  by  teaching  or  in 
other  manner  (except  as  provided  in  Article  90),  shall  be 
given  titles  suited  to  the  character  of  their  work,  such 
as  Assistant,  Reader,  Laboratory  Assistant,  or  (in  case  of 
undergraduates)  Student  Assistant.  Their  compensation 
shall  vary  according  to  the  amount  and  nature  of  the 
services  rendered. 

Prizes. 

92. — No  prize  for  intellectual  work  shall  be  offered 
to  students  in  the  Academic  Colleges,  except  by  express 
authority  of  the  Board. 

University  Register. 

93. — The  Academic  Senate  shall  prepare  annually,  as 
soon  as  possible  in  each  University  year,  the  Register  of 
the  University  for  publication,  transmit  the  manuscript  to 
the  Printer,  submit  the  proof  sheets  thereof  to  the  Presi- 
dent of  the  University  and  to  the  Secretary,  and  publish 
and  issue  the  Register. 

The  Register  shall  bear  on  its  title  page:  "Published 
by  the  Regents  of  the  University  of  California." 


University 
Chronicle 


University  Chronicle. 

94. — The  University  Chronicle  shall  be  published  by  the 
Academic  Senate  at  such  times  as  it  shall  deem  expedient. 
The  publication  shall  contain  a  record  of  the  most  important 
events  relating  to  the  University. 


REGENTS1  MANUAL.  299 


Publication  of  Papers. 

95. — The  Academic  Senate   may  publish  from  time  to  Papers 
time  papers  prepared  by  members  of  the  Faculty  and  by 
graduate  students. 

Calendar. 

96. — The  academic  year  shall  be  divided  into  two  terms :   Terms  and 
a   fall   term   of   nineteen   weeks,    and   a   spring   term    of  vacations 
eighteen  or  nineteen  weeks,  as  the  case  may  be. 

The  fall  term   shall   close    on    the    Saturday  preceding 
Christmas  eve. 

The  winter  vacation  shall  be  one  of  three  weeks. 

The  summer  vacation  shall  be  one  of  twelve  weeks. 

The  week  of  term  or  vacation  shall  be  the  calendar  week. 


Course  Preparatory  to  the  Study  of  Medicine. 

97. — There  shall  be  a  course  of  study  in  the  College  of  course 
Natural    Sciences,  directly   preparatory   to    the    study   of  le"d'nit<> 
Medicine;   and  students  who  have  completed  such  course 
before  entering  upon  their  work  in  the  College  of  Medicine 
may  be  granted  the  degree  of  B.S.  together  with  that  of 
M.D.,  on  completion  of  the  medical  course. 

University  Extension  in  Agriculture. 

98. — A  Department  of  University  Extension  in  Agricul-  university 
ture  is  created  in  connection  with  the  College  of  Agriculture  Extension  in 

Agriculture 

for  the  purpose  of  promoting  Farmers'  Institutes,  and  such 
other  means  of  disseminating  the  benefits  of  agricultural 
science  as  may  be  deemed  expedient.  The  general  super- 
vision of  this  department  shall  be  entrusted  to  a  special 
committee  of  three  of  the  Faculty  of  the  College  of  Agri- 
culture, viz:  the  President  of  the  University,  the  Professor  Supervision 
of  Agriculture,  and  the  Professor  of  Agricultural  Practice. 


300 


UNIVERSITY  OF  CALIFORNIA. 


Conductors  of 

Farmers' 

Institutes 


Advisory 
committee  in 
Anthropology 


Assistant 
Secretary  of 
department 


Scope  of 
Department  of 
Anthropology 


The  Professor  of  Agricultural  Practice  shall  be  constituted 
the  head  of  such  department,  with  the  title  of  Superin- 
tendent thereof.  He  shall  have  immediate  supervision  of 
the  work  of  the  department,  and  shall  be  held  responsible 
for  its  prosecution. 
[See  page  68.] 

99. — There  shall  be  appointed  two  assistants  in  the 
Department  of  University  Extension  in  Agriculture,  to  be 
designated  Conductors  of  Farmers'  Institutes,  one  of  whom 
shall  reside  at  the  seat  of  the  University  and  have  charge 
of  the  whole  area  of  the  State  north  of  the  Tehachapi 
Mountains,  and  the  other  shall  have  charge  of,  and  reside 
in,  that  part  of  the  State  south  of  the  Tehachapi  Mountains. 

Anthropology. 

100. — There  shall  be  an  .Advisory  Committee  appointed 
by  the  President  of  the  University  for  the  Department  of 
Anthropology,  to  suggest  and  to  consider  propositions  for 
the  development  of  the  department;  to  direct,  in  accordance 
with  the  wishes  of  the  patrons,  the  various  expeditions, 
explorations,  and  researches  provided  for;  to  have  the 
supervision  of  the  collections  received  and  to  see  to  their  safe- 
keeping; to  have  a  record  kept  of  all  collections  and  objects 
received  by  the  department;  to  endeavor  to  secure  a 
Museum  building;  and  to  encourage  and  direct  researches 
in  the  various  branches  of  Anthropology. 

101. — There  shall  be  appointed  a  salaried  officer  of  the 
Department  of  Anthropology  to  be  designated  the  Assistant 
Secretary  and  Executive  Officer  of  the  Department  of 
Anthropology. 

102. — The  department  shall  conduct  special  researches  in 
the  field  and  laboratory  through  its  various  subdivisions; 
preserve  materials  and  data  secured  and  promote  the  forma- 
tion of  a  Museum;  extend  knowledge  by  publications  and 
lectures;  and  establish  courses  of  instruction  and  research 
in  the  University. 


REGENTS'  MANUAL.  301 


Military  Science. 

103. — Instruction  in  military  science  and  tactics  and  in   Extent  of 
other  military  subjects  shall  be  given  during  at  least  two  hours  '"structi°n  in 

Military  Science 

per  week  for  the  first  three  years,  and  during  at  least  one 
hour  per  week  for  the  fourth  year,  to  all  able-bodied  male 
undergraduate  students  in  the  Academic  Colleges,  whether 
pursuing  regular  or  special  courses,  or  as  students  at  large. 
During  the  first  and  second  years  the  instruction  shall  be 
chiefly  in  the  school  of  the  soldier,  company,  and  battalion; 
during  the  third  year  chiefly  in  advance  guard  and  outpost 
duties;  during  the  fourth  year  chiefly  in  the  science  and  art 
of  war,  field,  and  permanent  fortification. 
[See  pages  20,  77,  114.] 

104. — The  Professor  of  Military  Science  and  Tactics  shall  uniform  of 
specify  the  official  uniform  to  be  worn  by  Cadets  in  accord-   Cadets 
ance  with  the  regulations  of  the  United  States  government. 

Each  student  of    the  University   subject   to  instruction  to  be  procured 
and  discipline  in  military  tactics  must  procure  within  thirty  forexclusive 
days  after  his  admission  to  the  University  an  official  uniform 
and  wear  the  same  when  performing  military  duty.     No 
other  uniform  shall  be  worn. 

The    Secretary   shall    invite,    in   the  usual   manner,    at  Contracts  for 
or  before  the  beginning  of  each  academic  year,  proposals  unif01 
for  supplying  for  one  year  uniforms  in  accordance  with  the 
specifications  prepared  by  the  Professor  of  Military  Science 
and  Tactics,  and  the  contract  for  supplying  such  uniforms 
shall  be  awarded  to  the  best  bidder  by  the  President  of  the 
University    and    the    Professor   of    Military   Science    and 
Tactics,  subject  to  the  approval  of  the  Board.     When  the 
cost  of  the  uniform  is  ascertained,  each  student  shall  deposit  Deposit  by 
with  the  Secretary  a  sum  of  money  sufficient  to  cover  the  s 
entire  cost  of  his  uniform,  and  the  Secretary  shall   then 
give  him  an  order  on  the  contractor  for  his  uniform.    Any 


302 


UNIVERSITY  OF  CALIFORNIA. 


Locker  and 
towel  fee 


Constitution 
of  University 
Library 


Allotment  of 
funds  and 
general 
administration 


Librarian's 
duties 


Rules 


part  of  the  uniform  may  be  obtained  in  the  manner  pre- 
scribed for  purchasing  the  whole.  The  bills  therefor  must 
be  approved  by  the  Secretary  and  the  Professor  of  Military 
Science  and  Tactics. 

Gymnasium  Fee. 

105. — A  fee  of  three  dollars  per  annum  shall  be  paid  by 
all  undergraduate  students  in  the  Academic  Colleges  on  and 
after  the  end  of  the  academic  year  1904-5,  in  return  for 
which  the  University  will  supply  to  each  student  a  locker 
and  towels  at  the  gymnasiums. 

University  Library. 

106. — All  manuscripts,  books,  periodicals,  and  maps 
belonging  to  the  University  shall  be  deposited  either  in 
the  general  library  or  in  departmental  libraries  of  the 
various  departments  of  instruction.  The  general  library 
and  the  several  departmental  libraries  together  shall  consti- 
tute the  University  Library. 

Library  Administration. 

107. — The  Academic  Senate,  subject  to  the  approval  of 
the  Committee  on  Library  and  Museum,  shall  allot  the  funds 
available  for  the  purchase  of  books  and  periodicals; 
determine  the  manner  of  purchasing  books;  and,  in 
general,  direct  the  policy  of  the  Library  and  advise  the 
Librarian  in  its  administration. 

Librarian. 

108. — The  Librarian  shall  be  entrusted  with  the  custody 
and  administration  of  the  general  library  of  the  University 
and  shall  present  to  the  Board,  through  the  President  of 
the  University,  annual,  or  other,  reports  upon  its  condition, 
growth,  and  needs. 

He  shall  enforce  all  rules  relating  to  the  Library  promul- 
gated by  the  Board. 


REGENTS1  MANUAL.  303 

He  shall  collect  fines  for  the  undue  detention  of  books  Fines 
and  for  damage  to  or  loss  of  the  same,  and  shall  pay  over 
all  moneys  so  collected  to  the  Secretary. 

Departmental  Libraries. 

109. — Departmental  libraries  shall  be  considered  part  of  Departmental 
the  working  equipment  of  the  departments  to  which  they  libraries> 
are  attached,  to  be  provided  in  the  same  manner  as  other 
equipment,  viz.,  by  purchase  with  funds  allowed  the  depart- 
ments in  the  annual  budget,  or  with  special  funds  otherwise 
available  for  the  use  of  the  departments. 

The   book   funds   of   the  general  library  shall  not  be  not  from 
diverted    to    the    purchase    of    books    for    departmental  bookfunds> 
libraries. 

The  heads  of  departments  shall  have  responsible  control  under  care  o 
of  the  books  in  their  respective  departmental  libraries,  and  Department 

r  heads 

shall  see  to  their  proper,  care  and  use  under  such  general 
regulations,  applicable  to  all  departmental  libraries,  as  may 
be  approved  by  the  Board. 

The   Librarian  shall  have  authority  to  deposit  perma- 
nently in  departmental  libraries  duplicates  from  the  general   Duplicates  in 
library;  and  also  to  deposit  in  department  libraries,  subject  dePartmental 

7  r  *  libraries 

to  recall,  such  other  books  from  the  general  library  as  may 
be  required  in  the  work  of  the  departments. 

Expenditures  for  the  Library. 

110. — The  professors  and  instructors  in  the  Academic 
Colleges  shall,  at  least  once  a  year,  prepare  lists  of  books  Lists  of  books 
relating  to  their  respective  departments,  which  they  recom-   for  Purchase> 
mend  for  purchase  for  the  general  library.     The  Librarian 
shall   examine   such   lists   and   see   that  they  contain    no 
unnecessary  duplicates. 

These  lists  shall  be  given  to  th,e  Librarian  at  such  times 
as  the  Academic  Senate,  subject  to  the  approval  of  the 
Committee  on  Library  and  Museum,  may  determine.  In 


304 


UNIVERSITY  OF  CALIFORNIA. 


to  be  revised 
and  ordered 


Binding 


Book  funds, 
restriction 


ease  of  non-compliance  with  this  order,  the  funds  may  be 
again  allotted.  The  Librarian  and  the  President  of  the 
University  shall  revise  and  adopt  the  lists  of  books  to  be 
purchased;  and  the  lists,  as  revised  and  adopted,  with  the 
estimated  prices,  shall  be  filed  with  the  Secretary,  who 
shall  issue  the  necessary  orders  and  purchase  the  books, 
provided  the  total  expenditure  shall  not  exceed  the  amount 
previously  authorized  by  the  Board  to  be  so  expended. 

111. — The  Librarian  is  authorized  to  incur  expense  for 
binding  books  at  or  near  the  close  of  one  fiscal  year,  pay- 
able from  funds  of  the  next  succeeding  year. 

112. — Funds  given  to  the  University  for  the  purchase  of 
books  for  the  library  shall  not  be  used  for  stationery, 
stamps,  incidentals,  or  for  the  binding  of  books  or  periodi- 
cals purchased  with  other  funds. 


Reese  library 
fund 

Interest  to  be 
spent  for  books 
of  general 
interest 


Loans  to  other 
libraries 


Reese  Library. 

113. — The  principal  of  the  fund  given  to  the  University 
by  the  late  Michael  Reese  shall  remain  an  invested  fund, 
and  the  interest  thereof  shall  be  used  for  the  purchase  of 
books.  The  books  purchased  and  to  be  purchased  from  the 
income  of  this  fund  shall  constitute  the  Reese  Library  of 
the  University  of  California.  This  library  shall  be  general 
in  its  character,  and  shall  include  judiciously  selected  works 
pertaining  to  literature,  science,  and  the  arts. 

[See  page  206.] 

Book  Loans  to  Other  Libraries. 

114. — Under  the  direction  and  by  permission  of  the 
Committee  on  Library  and  Museum,  the  Librarian  is 
authorized  to  loan  books  to  other  libraries  in  the  United 
States  which  are  willing  in  turn  to  loan  books  to  the 
University  Library;  and  under  the  following  conditions: 


REGENTS'  MANUAL.  305 

The  borrowing  library  shall  be  responsible  for  all  books 
while  loaned  and  in  transit,  and  shall  make  good  any  loss 
or  damage  to  the  satisfaction  of  the  lending  library. 

Books  shall  be  sent  and  returned  by  express  (not  by 
mail),  and  all  expense  of  carriage,  both  ways,  shall  be  paid 
by  the  borrowing  library.  Books  must  be  packed  with 
great  care  to  prevent  damage  while  in  transit. 

Before  delivery  of  books  to  the  individual  borrower  he 
shall  pay  to  the  Secretary  the  expense  incurred  therefor;    Expense 
but  he  may  place  before  the  Academic  Senate  a  demand 
for  reimbursement  which  may  be  allowed,  subject  to  the 
approval  of  the  Committee  on  Library  and  Museum. 

Upon  receipt  and  upon  return  of  borrowed  books  the 
respective  librarians  shall  immediately  send  acknowledg- 
ment; and  any  claim  for  damage  must  be  based  on  collation 
and  examination  made  immediately  after  the  return  of  the 
books. 

Books  in  frequent  use,  or  those  of  great  rarity  or  of  Restriction 
extraordinary  value,  may  be  loaned  only  in  the  discretion 
of  the  Librarian  with  the  approval  of  the  Committee  on 
Library  and  Museum. 

The  period  for  which  loans  are  granted  is  left  to  the 
discretion  of  the  Librarian. 

115. — The  Director  of  the  Lick  Observatory  is  authorized  LickObserva- 
in  his  discretion  to  lend  any  book  in  the  Lick  Observatory  tory  Llbrary 
Library  to  any  member  of  the  University. 

Conduct  of  the  Library. 

116. — Students   in   the   Academic    Colleges   desiring    to  Rules  for 
withdraw  books  from  the  Library  must  present  to  the  Libra-     'hrawal 
rian    certificates    of    admission,   signed    by  the  Recorder. 
Students    in   the   colleges    affiliated    with    the    University 
desiring  to  withdraw  books  from  the  Library  must  present 


306  UNIVERSITY  OF  CALIFORNIA. 

to  the  Librarian  certificates,  signed  by  the  Deans  of  such 
colleges,  showing  that  they  are  students  in  such  colleges, 
and  must  deposit  five  dollars,  to  be  held  as  security  for  the 
safe  return  of  books  withdrawn.  The  deposit  shall  be 
returned  when  the  student  relinquishes  this  privilege, 
provided  there  be  no  unpaid  charges  against  him. 
Fines  A  fine  of  five  cents  per  day  shall  be  paid  for  each  book 

retained  by  a  student  longer  than  the  time  specified,  and 
also  the  cost  of  messenger  service  or  of  notification,  when 
necessary.  The  amount  of  such  fine  may  be  increased  by 
'  the  Librarian  in  special  instances,  subject  to  the  approval 
of  the  Committee  on  Library  and  Museum. 

Use  of  library  117. — Persons  who  desire  to  pursue  courses  of  study  or 
by  outsiders,  reading  without  becoming  members  of  the  University,  may 
obtain  the  privileges  of  the  Library,  including  the  privilege 
of  withdrawing  books.  Each  application  for  such  privileges 
shall  be  endorsed  by  two  members  of,  and  be  approved 
by,  the  Academic  Senate,  and  shall  be  accompanied  by  a 
receipt  from  the  Secretary  of  the  payment  of  an  annual  fee 
of  ten  dollars.  Such  privileges  shall  lapse  on  the  thirtieth 
day  of  June  of  each  year  following,  but  may  be  renewed  on 
application  to  the  Librarian  after  payment  of  the  annual 
fee. 

and  by  118. — Graduates  of  the  University  desiring  to  withdraw 

graduates  books  shall  file  with  the  Librarian  certificates  of  graduation 
signed  by  the  Recorder,  and  countersigned  by  the  Secretary, 
and  shall  deposit  five  dollars,  to  be  held  as  security  for  the 
safe  return  of  books  withdrawn.  The  deposit  shall  be 
returned  when  the  graduate  relinquishes  this  privilege, 
provided  there  be  no  unpaid  charges  against  him. 


Privilege  of  119- — Regents,  Professors,  Instructors,  Astronomers,  and 

library,  who  other  officers  of  the  University  (including  those  of  the  affili- 
ated colleges),  officers  of  institutions  of  higher  learning  in 
Berkeley,  visiting  officers  of  other  institutions,  and  such 


REGENTS1  MANUAL.  307 

benefactors  of  the  University  and  other  persons  as  may  be 
designated  by  the  Committee  on  Library  and  Museum,  shall 
have  the  privilege  of  withdrawing  books  from  the  Library. 

120. — The  Library  shall  be  open' on  such  days  and  during  when  library 
such  hours  as  the  Librarian  and  the  Committee  on  Library  tobe°Pen 
and  Museum  shall  determine.     Rules  for   the  deportment  Deportment 
of  those  who  use  the  Library  shall  be  formulated  from  time 
to  time  by  the  Librarian  with  the  approval  of  the  Committee 
on  Library  and  Museum. 

Limitation  of  Circulation. 

121. — All  books  acquired  either  by  the  general  library  or  cataloguing 
by   departmental   libraries,   by  purchase  or  by  gift,  shall  ofbooks 
pass   through  the  accession  and  catalogue  division  of  the 
general  library,  for  proper  record,  before  becoming  avail- 
able for  circulation. 

122. — Any  person  who  fails  to  return  any  book  to  the   Return  of 
Library,  shall,  upon  demand  of  the  Librarian,  pay  to  the  b 
Librarian  the  value  of  such  book.     The   failure  to  return 
or  pay  for  any  book  shall  debar  such  person  from  further 
privileges   of  the    Library.      All  books  must  be  returned 
whenever  called  for  by  the  Librarian. 

123. — Before  the  Wednesday  next  preceding  Commence-   annually 
ment  Day  of  each  year  every  member  of  the  Academic  Senate 
shall  return  to  the  Library  all  books  not  in  current  use,  and 
shall  verify  the  list  of  those  he  may  desire  to  retain,  to  the 
satisfaction  of  the  Librarian. 

124. — Encyclopedias,    gazetteers,    atlases,    dictionaries,    Books  not  to 
bound  newspapers,  sets  of  periodicals,  prints,  costly  works  be  withdrawn 
of  fine  art,  works  of  great  rarity,  those  presented  to  the 
Library  on  condition  of  being  used  for  reference  only,  and 
such  others  as   may  be  designated  by   the  Committee  on 
Library  and  Museum,  shall  be  used  in  the  Library  only, 
and  shall  not  be  taken  therefrom.  ' 


308 


UNIVERSITY  OF  CALIFORNIA. 


and  those 
subject  to  with- 
drawal after 
thirty  days 


Charging  of 
books 


Penalty  for 
violation  of 
rules 


Permission 
necessary  for 
placing  portraits 


Works  of  rarity  or  of  considerable  value  in  respect  to 
typography,  illustration,  or  binding,  sets  of  periodicals 
and  current  periodicals  of  interest  to  more  than  one  depart- 
ment of  instruction  shall  not  be  withdrawn  from  the  Library 
until  thirty  days  after  their  receipt.  Periodicals  of  special 
interest  to  any  one  department  may  be  removed  to  seminary 
rooms  in  any  building  of  the  Academic  Colleges  for  a  period 
not  exceeding  thirty  days. 

Other  works  not  comprised  under  paragraphs  one  and  two 
of  this  Article,  including  single  volumes  of  bound  period- 
icals and  unbound  back  numbers  of  periodicals  not  difficult 
to  replace,  may  be  withdrawn  under  conditions  elsewhere 
specified  in  these  Orders. 

No  books  shall  be  taken  from  the  Library  except  by 
permission  of  the  Librarian,  nor  until  after  they  have  been 
duly  charged  to  borrowers.  A  complete  record  thereof 
shall  be  kept  by  the  Librarian. 

125. — Any  borrower  for  wilful  violation  of  these  rules  of 
the  Library  may  be  debarred  by  the  Librarian  from  with- 
drawing books  during  the  remainder  of  a  current  term,  and 
for  such  other  specified  time  as  the  President  of  the  Uni- 
versity may  direct. 

Art  Gallery. 

126. — No  portrait  or  painting  shall  be  placed  in  the 
University  Art  Gallery  unless  by  permission  of  the  Board. 


Laboratory  Deposits. 

Deposit  payable       127— All  students  using   the  several  laboratories   must 

make  a  deposit  with  the  Secretary  for  each  term  in  advance. 

The   amount   of   such   deposit   shall   be   designated   by 

the  President  of  the  University,  and  shall  be  estimated  to 

cover  the  cost  of  the  materials  to  be  used. 


REGENTS'  MANUAL.  309 

128. — The   President   of   the   University  may  remit   or  May  be  remitted 
permit  to  be  deferred  the  payment  of  laboratory  deposits 
in  the  case  of  students  unable  to  pay  the  same. 

129. — The  officer  in  charge  of  a  laboratory  is  authorized  Labor  a 
to  permit  any  worthy  student  to  render  services  in  the  substitute  for 

deposits 

laboratory,  on  account  of  his  laboratory  fees,  at  the  rate  of 
twenty  cents  an  hour.  The  Secretary  is  authorized  to  give 
such  student  credit  for  such  services  on  certification  by 
such  officer. 

130. — Laboratory  deposits,  or  the  remainder  thereof  after  RetUrn  of 
settlement,  shall  be  returned  to  the  students  making  the  dep°sits 
same  upon  the  surrender  of  the  deposit  receipts  therefor. 

131. — Checks  for  the  refund  of  laboratory  deposits  shall  Checks 
be  payable  by  the  Treasurer  when  signed  by  the  officer  in     » 
charge  of  the  laboratory  and  by  the  Secretary. 


ASTRONOMICAL    DEPARTMENTS. 

132. — The  official  designation  of  the  Lick  Observatory   Lick 
and    Telescope    on  Mount  Hamilton  shall  be  "The  Lick  Observatory 
Astronomical  Department  of  the  University  of  California." 

133. — The  remainder  of  the  $700,000  given  by  James  Lick 
for  the  foundation  and  endowment  of  the  Lick  Observatory 
and  such  other  sums  as  may  from  time  to  time  be  given, 
bequeathed,  or  provided  for  the  endowment  of  the  Lick 
Observatory,  shall  be  known  as  the  "Endowment  Fund  Endowment 
of  the  Lick  Astronomical  Department  of  the  University  ' 
of  California,"  and  shall  be  kept  separate  and  apart 
from  all  other  funds  of  the  University.  A  separate 
account  shall  be  kept  of  this  fund;  and  its  annual 
earnings,  or  so  much  thereof  as  may  be  necessary,  shall  be 
used  for  the  support  of  the  Lick  Observatory.  The 
accounts  of  the  fund  shall  be  balanced  at  the  end  of  each 


310  UNIVERSITY  OF  CALIFORNIA. 

fiscal  year,  and  any  unexpended  balance  may  be  either  added 
to  the  principal  and  become  an  integral  part  thereof,  or  may 
be  added  to  the  income  of  the  succeeding  fiscal  year,  and 
be  expended  in  that  fiscal  year,  or  subsequently,  in  the  dis- 
cretion of  the  Board.  Other  sums  of  money  may  be  set 
apart  for  the  support  of  the  Lick  Observatory  in  the 
annual  budget,  in  the  discretion  of  the  Board. 
[See  pages  30,  180.] 

salaries,  how          134. — The  salaries  of  the  officers  and  employes  of  the 

paid  Lick  Observatory  shall  be  paid  in  the  manner  in  which  the 

salaries  of  the  Professors  in  the  Academic  Colleges  are  paid. 

135. — At  the  beginning  of  each  fiscal  year  the  Finance 

Committee  shall  arrange  a  separate  budget  for   the    Lick 

Budget  Observatory.     The    budget    shall    be    submitted   to,    and 

approved  by,   the  Board  and  shall  not  be  deviated  from 

except  upon  its  order. 

officers  of  Lick  136. — The  officers  of  the  Lick  Observatory  shall  be  a 
Observatory  director  whose  title  shall  be  Director  and  Astronomer  of 
the  Lick  Observatory  of  the  University  of  California; 
Astronomers  and  Assistant  Astronomers  of  the  Lick  Observ- 
atory; and  such  other  officers  and  employes  as  shall  be 
appointed  or  employed  by  the  Board.  The  officers  and 
employes  shall  be  provided  at  Mount  Hamilton  with  quarters 
to  be  assigned  them  by  the  Director. 

Director  137. — The   Director   shall   have  supervision   of   all    the 

scientific  and  administrative  affairs  of  the  Lick  Observatory, 
and  conduct  its  scientific  and  other  correspondence,  being 
responsible  directly  to  the  Board  for  the  performance  of  his 
duties.  He  shall  make  an  annual  report  to  the  President 
of  the  University  on  the  first  day  of  September  in  each 
year.  Scientific  and  other  work  of  the  Lick  Observatory 
shall  be  assigned  by  the  Director  to  the  Astronomers  and 
other  officers. 


REGENTS'  MANUAL.  311 

138. — The  Director  shall  forward  to  the  President  of  the  Communica- 
University  all  proper  communications  to  the  Board  from  tions  for  Board> 
officers  or  employes  of  the  Lick  Observatory.     The  com- 
munications shall  be  presented  to  the  Board  by  the  Presi- 
dent of  the  University  at  the  next  regular  meeting  of  the 
Board  after  they  shall  have  been  received. 

139. — No    communications    to   journals,  purporting    to  and  for  journals 
emanate  from   the  Lick    Observatory,   or  relating   to  the 
work  of  the  Lick  Observatory,  shall  be  made  by  officers  or 
employes   thereof   without    the    formal    approval    of    the 
Director. 


140. — Vacations  without  loss  of  pay,  not  to  exceed  two  Vacations  for 

Lick  Obse 

tory  staff 


months   in  each  calendar   year,  may   be    granted   by   the  LlckObserva- 


President  of  the  University,  on  the  recommendation  of  the 
Director,  to  the  Astronomers  and  officers  of  the  Lick 
Observatory;  and  by  the  President  of  the  University  to  the 
Director. 

141. — The  President  of  the  University  shall  provide  from   Lectures  at 
time  to  time  for  the  delivery  of   lectures  on  astronomical  Berkeley 
subjects  at  the  seat  of  the  University  by  the  Astronomers  of 
the  Lick  Observatory.     The  number  and  the  dates  of  these 
lectures  shall  be  so  arranged  as  to  interfere  as  little  as  pos- 
sible with  the  astronomical  work  at  Mount  Hamilton. 

142. — The  names  of  the   two    branches  of  the  general  Names  of 
Astronomical  Department  of  the  University  of  California  Astronomical 

departments 

shall  be,  "The  Lick  Astronomical  Department,"  which 
shall  be  at  Mount  Hamilton,  and  the  "Berkeley  Astro- 
nomical Department,"  which  shall  be  at  the  seat  of  the 
University. 

143. — All  undergraduate  instruction  in  astronomy,  and  instruction  in 
such  graduate  instruction  therein  as  shall  not  be  carried  Ac«demic 

Colleges, 

on  at  the  Lick  Observatory  under  the  direct  teaching  of  the 
Lick  Observatory  staff,  shall  be  in  charge  of  the  Faculties 

REGENTS'  MANUAL— 21 


312 


UNIVERSITY  OF  CALIFORNIA. 


and  in  Lick 
Observatory 


of  the  Academic  Colleges,  of  which  the  Astronomers  and 
Assistant  Astronomers  of  the  Lick  Observatory  shall  be 
members.  All  instruction  at  the  Lick  Observatory  shall  be 
in  charge  of  the  Astronomers  and  Assistant  Astronomers 
of  the  Lick  Observatory,  and  shall  be  restricted  to  such 
students  as  are  qualified  to  be  on  the  footing  of  astronomical 
assistants. 


Admission  of  144. — Properly  qualified  students  may  be  received  at  the 

students  to  Lick  j^  ^  Observatorv  on  the  recommendation  of  the  Director 

Observatory 

and  of  the  Academic  Senate  with  the  approval  of  the 
President  of  the  University.  All  candidates  for  higher 
degrees  in  astronomy  shall  spend  at  least  one  year  in  study 
at  the  seat  of  the  University. 

145. — Regular  nights  in  each  month,  not  exceeding  one 

in  each  week,  shall  be  set  apart  by  the  Director  for  the 

Visitors' nights    reception  of  visitors  at  the  Lick  Observatory.    Visitors  will 

be  received  on  those  nights  between  certain  hours  to  be 

designated  by  the  Director,  and  at  no  other  times. 


College  of 

Medicine, 


under  control 
of  Board 


PROFESSIONAL    COLLEGES. 

College  of  Medicine. 

146. — There  shall  be  a  college  known  and  designated  as 
the  College  of  Medicine  of  the  University  of  California. 
The  several  professors  in  the  College  of  Medicine  shall  be 
appointed  by  the  Board,  and  shall  hold  their  positions  upon 
the  same  basis  as  the  other  professors  of  the  University. 

[See  pages  16,  112.] 

147. — The  Board  shall  have  the  same  control,  conduct, 
and  direction  of  the  College  of  Medicine  in  every  respect 
that  the  Board  has  of  the  other  colleges  and  departments 
of  the  University. 


REGENTS'  MANUAL.  313 

148. — The  Faculty  of  the  College  of  Medicine  shall  have   Faculty, 
power,  subject  to  the  approval  of  the  Academic  Senate,  to  powersof 
determine    the    qualifications    for    admission    of    students 
thereto,  to  establish  the  course  of  study  therein,  and  to 
make  regulations,  not  inconsistent  with  the  law  and  the 
orders  of  the  Board,  for  the  preservation  of  order  and  for 
the  management  of  the  internal  affairs  of  the  College. 

149. — Matriculation  and  tuition  fees  in  the  College  of  Fees 
Medicine  shall  be  fixed   by   the   Board.     Laboratory   and 
other  fees  shall  be  fixed  by  the  President  of  the  University. 

150. — All  purchases  of  materials  and  supplies  for  the  Purchases 
College  of  Medicine  shall  be  by  requisition  signed  by  the 
Dean  of  the  College  and  approved  by  the  President  of  the 
University  and  by  the  Secretary.  All  bills  incurred  shall 
be  approved  by  the  Dean  of  the  College  and  by  the  proper 
Committees,  and  shall  be  presented  to  the  Board  for 
approval. 

151. — All  moneys  collected  by  the  Dean  of  the  College,   Moneys 
or  by  any  other  officer  or  agent  of  the  Board,  for  account 
of  the  College  of  Medicine,  shall  be  deposited  immediately 
with  the  Treasurer  and  by  him  credited  to  the  College. 

152. — Receipts  for   moneys   received  by  the  College  of  Receipts 
Medicine  shall  be  made  in  triplicate;   and  one  copy  thereof 
shall  be  given  to  the  person  making  the  payment,  a  second 
copy  shall  be  kept  on  file  in  the  College,  and  a  third  copy 
shall  be  forwarded  to  the  Secretary. 

153. — No  warrant  shall  be  drawn  for  any   expenditure   Limitation  on 
incurred  by  the  College  of  Medicine,  unless  there  shall  be  ^raar^nfs 
at  the  time  sufficient  moneys  in  the  hands  of  the  Treasurer 
to  pay  the  same. 


314  UNIVERSITY  OF  CALIFORNIA. 

College  of  Dentistry. 

College  of  154. — There  shall  be  a  college  known  and  designated  as 

Dentistry  the  College  of  Dentistry  of  the  University  of  California. 

The  several  professors  in  the  College  of  Dentistry  shall  be 
appointed  by  the  Board,  and  shall  hold  their  positions 
upon  the  same  basis  as  the  other  professors  of  the  Uni- 
versity. 

Powers  of  155. — The  Faculty  of  the  College  of  Dentistry  shall  have 

power,  subject  to  the  approval  of  the  Academic  Senate,  to 
determine  the  qualifications  for  admission  of  students 
thereto,  to  establish  the  course  of  study  therein,  and  to 
make  regulations,  not  inconsistent  with  the  law  and  the 
orders  of  the  Board,  for  the  preservation  of  order  and  for 
the  management  of  the  internal  affairs  of  the  College. 

Affiliated  Colleges. 

List  of  Affiliated       156. — The  affiliated  colleges  are  as  follows: 
Colleges  The  Hastings  College  of  the  Law. 

The  California  College  of  Pharmacy. 

The  Post- Graduate  Medical  Department. 

The  Mark  Hopkins  Institute  of  Art. 

NO  liability  for         157. — No  officer  or  employ^  in  any  affiliated  college  of 
expense  ^e  University  shall  receive  any  salary  or  wages  as  such 

from  the  funds  of  the  University  under  the  control  of  the 
Board,  and  no  liability  shall  be  incurred  on  behalf  of  the 
Board  by  any  officer  or  employe  in  any  affiliated  college. 
[See  pages  22,  30.] 

Diplomas  158. — The   affiliated   colleges    of    the    University    shall 

supply  their  own  diplomas. 

college  of  159. — The   Degree  of   Graduate   in  Pharmacj-  shall   be 

Pharmacy          conferred  by  the  Board  in  accordance  with  such  terms  as 

the  Faculty  of  the  College  of  Pharmacy  may  from  time  to 

time  determine.     Such  other  degrees  may  be  established  as 

•the  Academic  Senate  may  recommend  and  the  Board  approve. 


REGENTS'  MANUAL.  315 


UNIVERSITY    EXTENSION. 

160. — There  shall  be  a  department  known  and  designated  university 
as  the  Department  of  University  Extension,  which  shall  be  Extension 
in  immediate  charge  of  a  Director,  whose  field  of  work  shall 
be  separate  from  that  of   the   regular  courses  established 
in  the  University. 

The   Academic    Senate   shall   supervise   the   courses    of  Supervision 
instruction  given   in  this  department,  and  determine  the 
value,  in  the  curriculum  for  any  degree,  of  certificates  given 
students  for  the  completion  of  such  courses. 

Fees,  to  be  fixed  by  the  President  of  the  University,  may  Fees 
be  collected   from    attendants  upon  University  Extension 
courses. 

SUMMER    SESSION. 
161. — A  Summer  Session  is  authorized  in  the  Academic  Length  of 

Summer 
Session 


Colleges,  to   continue   for   six  weeks  during  the  summer  Summer 


vacation . 

Members  of  the  Academic  Senate  who  give  instruction  in  instructors 
the  Summer  Session  shall  receive  a  stated  remuneration 
therefor,  to  be  fixed  by  the  President  of  the  University. 
The  President  of  the  University  is  authorized  to  employ, 
when  necessary  for  instruction  in  the  Summer  Session, 
persons  not  members  of  the  Academic  Senate  and  to  fix 
their  remuneration  for  such  service. 

The  Academic  Senate  shall  determine  the  value,  in  the  Credit  for 
curriculum  for  any  degree,  of   certificates   given  students  de2re( 
for  work  done  by  them  in  the  Summer  Session. 

For  the  support  of  any  one  Summer  Session  the  Board  Guaranty 
will   guarantee   an   amount   equal   to   the  receipts  of  the 
Summer  Session  immediately  preceding. 

Fees  to  be  fixed  by  the  President  of  the  University  may   Fees 
be  collected  from  the  students  of  the  Summer  Session. 


316 


UNIVERSITY  OF  CALIFORNIA. 


signatures  and 
seal  on  diplomas 


Duplicates 


DIPLOMAS. 

162.  —  The    signatures    of   the  President  of  the  Board, 
of  ftiQ  president  of  the  University,  and  of  the  Secretary, 
and  the  seal  of  the  Regents  of   the  University  shall   be 
placed  on  all  diplomas. 

163.  —  The  President  of  the  University  is  authorized  to 
issue  duplicates  of  diplomas  in  case  of  the  loss  or  destruc- 
tion of  the  originals. 


President  to 
have  charge  of 
all  officers  and 

employes 

Initiative  in 

appointments, 

etc. 


Communica- 
tions from 
Academic 
Senate, 


and  from 
members 
thereof 


Supervision  of 
laborers 


Control  of 
property 


THE    PRESIDENT    OF    THE    UNIVERSITY. 

164. — The  President  shall  be  charged  with  the  direction, 
subject  to  the  Board,  of  all  officers  and  employes  of  the 
University. 

165. — The  President  shall  have  the  sole  initiative  in 
appointments  and  removals  of  professors  and  other  teachers 
and  in  matters  affecting  their  salaries. 

166. — All  communications  to  the  Board  from  the  Aca- 
demic Senate  shall  be  presented  to  the  Board  by  the  Presi- 
dent at  the  next  regular  meeting  of  the  Board  after  they 
shall  have  been  received  by  him. 

167. — The  President  shall  be  the  sole  organ  of  communi- 
cation between  the  members  of  the  Academic  Senate  and  the 
Regents.  Communications  from  professors  and  instructors 
intended  for  the  Board  shall  be  forwarded  through  the 
President  of  the  University  and  be  filed  by  him. 

168. — The  President  is  authorized  to  employ,  dismiss, 
and  direct  the  duties  of  laborers,  janitors,  artisans,  police- 
men and  watchmen. 

169. — The  President  shall  have  control  of  the  grounds 
and  the  care  of  all  University  property,  except  as  other- 
wise provided  by  the  orders  of  the  Board. 


REGENTS'  MANUAL.  317 

170. — The  President  is  authorized  to  assign  the  lecture  Assignment  of 
and   recitation  rooms,  and  to  permit  the  use  of  halls  for  rooms 
lectures  and  other  purposes. 

171. — The  University  printing  office  shall  be  in  charge  of  Printing  office 
the  President. 

[See  pages  22,  28,  33.] 

PROFESSORS  AND  INSTRUCTORS. 

172. — No  one  in  the  service  of  the  University  shall  impair  Employment  of 
his  service  by  devoting  to  private  purposes  any  portion  of  time  for  Private 

advantage 

the  time  due  by  him  to  the  University. 

173. — If   any  University  material   be  used  in  work  for  Use  of  material 
which   extra   personal   compensation  is   received,   by   any 
memberof  the  University,  a  strict  account  shall  be  rendered 
for  all  materials  so  used,  and  payment  be  made  therefor. 

174. — A  professor  who,  after  twenty  years  of  service  in   Retirement 
the  University,  shall  have  attained  the  age  of  seventy  years,   as  Professor 

0  '     emeritus 

shall  be  appointed  professor  emeritus  with  pay  at  the  rate 
of  two-thirds  of  the  salary  paid  him  during  the  year  next 
preceding  such  appointment. 

175. — In  case  of  the  death  of  any  officer  of  the  Univer-   Continuance  of 
sity  his  salary  shall  continue  until  the  end  of  the  current  jg'aat^yafter 
month. 

Leaves  of  Absence. 

176. — No  salary  or  compensation  shall  be  paid  to  pro-   Detail  for  work 
fessors,  instructors,  or  other  officers  or  employes  of   the  a 
University  unless  they  shall  be  actively  engaged  in  some 
department  of  the  University;  but  such  service  may,  upon 
recommendation  of  the  President  of  the  University  and  with 
the  approval  of  the  Board,  be  performed  elsewhere  than  at 
the  seat  of  a  department  of  the  University. 


318  UNIVERSITY  OF  CALIFORNIA. 

Absence  from  177. — No  officer  of  instruction  in  the  faculties  of  the 
Academic  Colleges  shall  absent  himself  from  his  duties  at 
the  University  during  the  academic  year,  ending  with 
Commencement  Day,  without  leave  of  absence  granted  in 
accordance  with  the  orders  of  the  Board. 

Leave  for  178. — Leaves  of  absence  may  be  granted  to  professors, 

thirty  days  instructors,  and  other  officers  and  employes  of  the  Uni- 
versity for  good  cause,  without  loss  of  pay,  by  the  President 
of  the  University  for  a  period  not  exceeding  thirty  days,  and 
for  a  longer  period  by  the  President  of  the  University  with 
the  approval  of  the  Board. 

Leave  for  179. — Professors,  associate  professors,  and  assistant  pro- 

sabbaticai  year  fessors  in  fl^  facuities  of  the  Academic  Colleges  shall  be 
entitled  to  leaves  of  absence  of  one  year  after  six  years  of 
continuous  service,  upon  recommendation  of  the  President 
of  the  University,  with  the  approval  of  the  Board,  with 
pay  at  the  rate  of  two-thirds  of  the  salary  paid  them  during 
the  year  next  preceding  such  leave  of  absence;  provided, 
that  in  the  cases  of  those  who,  on  December  12,  1899,  were 
professors  in  the  University  and  had  not  yet  enjoyed  the 
privilege  of  a  year's  absence  on  full  pay,  the  first  leave  of 
absence  granted  may  be  with  full  pay. 

STUDENT    AFFAIRS. 

Adviser  180. — A  salaried  officer  shall  be  appointed  by  the  Board 

to  be  known  as  Adviser,  who  shall  assist  the  President  of 
the  University  and  the  Faculties  of  the  Academic  Colleges 
in  matters  pertaining  to  the  general  and  personal  interests 
of  the  students  of  the  Sophomore  and  Freshman  classes. 

Fee  for  special  181. — A  fee  of  five  dollars  shall  be  charged  students  for 
examinations,  Specja}  examinations ;  provided  that  ten  dollars  only  shall  be 
charged  for  special  examinations  in  two  or  more  courses  in 
any  half-year.  The  President  of  the  University  is  author- 
ized to  remit  such  fee  to  any  student  who  is  unable  to  pay 
the  same. 


REGENTS1  MANUAL.  319 

182. — Undergraduates  in  the  Academic  Colleges  shall  be  and  for  late 
charged  a  fee  of  two  dollars  for  late  registration.  registration 

183. — The  Secretary  shall  require  all  students  who  may  Settlement  of 
be  indebted  to  the  University  or  who  have  made  deposits  indebtedness 
for  any  purpose,  to  make  settlement  before  Commencement 
Day  of  the  year  following  graduation.     In  case  of  their 
failure  to  make  such  settlement,  all  their  deposits  shall  be 
forfeited  to  the  University. 

184. — Excuses  given  to  students  in  the  Academic  Colleges  Absence  from 
for  absence  on  account  of  illness  shall  be  signed  by  one  of  lllness 
the  medical  examiners. 

185. — No  boarding-house  shall  be  placed  on  the  approved  Boarding-house 
list  the  sanitary  condition  of  which  has  not  been  certified  to  insPectlon 
by  the  University  Board  of  Health,  after  personal  examina- 
tion by  one  or  more  of  the  members  thereof. 

UNIVERSITY    PRINTING    OFFICE. 

186. — The  Printer  shall   do    no   work   and   furnish   no  Rules  of 
materials  without  a  written  order  therefor;  shall  deliver  no  pnnting offlce 
work  without  taking  a  receipt  therefor  on  the  order  itself; 
shall  keep  a  record  of  all  work  done,  and  for  whom  done; 
and  shall  report  monthly  to  the  Secretary  a  list  of  work 
done,   together  with  the   orders,    receipts,    and   copies   of 
matter  printed. 

187. — The  President  of  the  University  may  permit  printing  Unofficial 
for  officers  of  the  University,  affiliated  colleges  and  organiza-  printing 
tions   connected  with  the    University  but  not  officially  a 
part  of  it,  to    be   done  at   the    University  printing  office 
at  cost. 

STATE    PRINTER. 

188. — All  orders   and  requisitions   from  the  University  orders  on 
upon  the  State  Printer  shall  be  made  by  the  Secretary,  and  State  Printer 
shall  be  reported  to  the  Board 


320  UNIVERSITY  OF  CALIFORNIA. 


UNIVERSITY    SITE. 

License  for  use  189. — The  privilege  of  using  any  roads  in  the  University 
grounds  is  a  mere  license,  revocable  at  the  pleasure  of  the 
Board. 

[September  1,  1885.] 

Site  to  be  kept         190. — The  University  site  shall  be  kept  intact  for  the  sole 
intact  use  of  foQ  University,  and  no  public  avenues  or  streets  shall 

be  permitted  through  the  same. 
[See  page  323.] 

SUPERINTENDENT. 

Duties  of  191. — A  Superintendent  shall  be  appointed  by  the  Board 

superintendent    whoge  duty?  subject  to  tlie  direction  of  the  President  of  the 

University,  shall  be  to  have  the  charge  of  laborers,  janitors, 
artisans,  watchmen  and  policemen,  employed  by  the  Univer- 
sity. The  Superintendent  shall  make  monthly  reports  to 
the  President  of  the  University  of  all  work  done  by  such 
persons. 

LAND    GRANT. 

Fees  for  patents  192. — The  Land  Agent  is  required  and  instructed  to 
collect  the  following  fees  for  issuance  of  patents  under  the 
Agricultural  College  Grant  of  one  hundred  and  fifty 
thousand  acres:  For  each  and  every  application,  a  fee  of 
five  dollars.  For  each  one  hundred  and  sixty  acres,  or 
fractional  part  thereof,  the  fee  of  the  Secretary  of  State  for 
affixing  the  seal  of  the  State  to  said  patents. 
[October  15,  1884.] 

Assignment  193. — No   assignments   of    contracts   shall    be   accepted 

of  contracts        unless   of   advantage    to    the    University;    and   when    the 
original  applicant  is  financially  responsible,   he    shall   be 
held  responsible  for  all  money  due  on  land. 
[January  18,  1890.] 
[See  page  337. J 


REGENTS1  MANUAL.  321 


AMENDMENTS  OF  ORDERS. 

194. — Any  proposal  to  amend  any  order  of  the  Board  shall  Amendments 
be  presented  to  the  Board,  in  writing,  and  no  action  shall 
be  taken  thereon  until  the  next  regular  meeting  of  the 
Board  thereafter. 

REPEAL  OF  ORDERS. 

195. — All   orders   of   the    Board   inconsistent   with   the   Repeal 
orders  printed   in  this  Manual  are  hereby  rescinded  and 
repealed. 

[November  8,  1904.] 


UNIVERSITY  OF  CALIFORNIA. 


APPENDIX. 


Charge  of 
Laboratories 


Division  of 
Departments 


Faculty  of 
College,  who 
constitute 


Use  of  seals  by 

Academic 

Colleges, 


and  by  Affiliated 
Colleges 


Wilmerding 
School 


Rulings  of  the  Board. 

1. — The  laboratories,  museums,  and  shops  in  which 
instruction  is  given,  shall  be  under  the  immediate  charge  of 
the  officers  of  the  department,  and  under  the  general  direc- 
tion of  the  professor  in  charge  of  the  department. 

[Adopted  June  1,  1886.] 

2. — As  subjects  become  more  special  a  department  may 
be  divided,  and  independent  heads  given  to  each  branch. 
[See  page  18.] 
[Adopted  June  1,  1886.] 

3. — The  faculty  of  a  college  shall  consist  of  those 
professors  and  instructors,  and  only  those,  whose  depart- 
ments are  represented  in  it  by  required  or  elective  studies. 

[See  page  37.] 

[Adopted  November  5,  1884.] 

4. — The  Academic  Colleges  of  the  University  are  not 
corporate  bodies,  and  the  use  of  seals  by  them  has  no  legal 
force.  Seals  are  unnecessary  for  the  transaction  of  colle- 
giate business. 

[Adopted  December  14,  1897.] 

5. — The  right  to  use  a  seal  for  all  affiliated  colleges  is 
given  by  Section  2  of  the  Act  of  March  21,  1868  and  the 
corporate  seal  of  the  Regents  is  provided  for  by  Article  73. 

[See  pages  108,  294.] 

[Adopted  September  22,  1897.] 

6. — The  Board  of  Regents  will,  in  accordance  with  the 
purpose  of  Mr.  Wilmerding,  establish  a  school  wherein 
boys  shall,  as  far  as  possible,  be  taught  trades  by  practical 
work. 

[Adopted  November  17,  1898.] 

[See  page  205.] 


REGENTS1  MANUAL.  323 

7.— The    applications    of   the    Cooper    Medical    College  conferring  of 
and  the  College  of  Physicians  and  Surgeons  for  an  order  de8reesup°n 

graduates  of 

granting  the  degree  of  Bachelor  of  Science  to  their  other  Medical 
graduates,  are  denied,  for  the  reason  that  these  are  not  colle*es 
departments  of  the  University,  and  under  Section  9  of  the 
Organic  Act  and  Section  1397  of  the  Political  Code  the 
degree  of  Bachelor  of  Science  can  only  be  conferred  after 
examination  of  applicants  by  some  Faculty  of  the  Uni- 
versity and  their  recommendation  to  this  Board.  Of  course, 
the  students  of  either  of  the  institutions  mentioned,  or  any 
"  students  who  shall  have  passed  not  less  than  a  full  year 
as  resident  students  in  any  college,  academy,  or  school  in 
this  State,  and  after  examination  by  the  respective  Faculty 
of  such  college,  academy,  or  school,  are  recommended  by 
such  Faculty  as  proficient  candidates  for  any  degree  in  any 
regular  course  of  the  University,  shall  be  entitled  to  be 
examined  therefor  at  the  annual  examination  (of  our 
University),  and  on  passing  such  examination  shall  receive 
such  degree  for  that  course  an'd  the  diploma  of  the  University 
therefor,  and  shall  rank  and  be  considered  in  all  respects  as 
graduates  of  the  University." — (Section  9,  Organic  Act.) 

[See  page  23.] 

[Adopted  September  22,  1897.] 

8. — The    Regents    will    not    sell    any   portion    of    the  NO  sale  of 

University  Site.  University  site 

[See  pages  29,  320.] 
[Adopted  October  9,  1894.] 

9. — The    application   of   Messrs.    Phelps   and    Richards  NO  license  for 
requesting   the  use    by  sufferance  of    a   continuation    of  roadway- 
College  Way  one  hundred   and   sixty   feet  in    University 
grounds,  is  refused,  in  view  of  the  trusts  of  grants  to  the 
University,  and  to  avoid  future  complications. 
[Adopted  June  25,  1889.] 


324  UNIVERSITY  OF  CALIFORNIA. 

nor  for  erection  10. — The  communication  of  the  President  of  the  Board 
of  Education  to  this  Board,  with  reference  to  the  purchase 
or  rental  of  a  portion  of  the  University  grounds  for  the 
purpose  of  erecting  a  High  School  building 'thereon,  was 
duly  received  and  referred  to  the  Committee  on  Grounds 
and  Buildings.  The  Committee  does  not  favor  any  propos- 
ition for  the  dismemberment  of  the  University  grounds  for 
any  purpose  whatever,  and  would  therefore  recommend  that 
the  Secretary  of  the  University  be  instructed  to  inform  the 
President  of  said  Berkeley  Board  of  Education,  by  letter, 
that  their  proposition  either  to  purchase  or  rent  will  not  be 
further  entertained. 

[Adopted  September  24,  1895.] 

License  for  11. — The    application    of   the  Trustees   of  the  town  of 

Berkeley,  to  connect  a  town  sewer  with  the  sewer  now 
laid  in  Allston  Way,  is  hereby  granted,  provided  always 
and  upon  the  following  conditions  and  limitations:  That 
the  said  connections  with  the  sewer  in  Allston  Way,  and 
the  use  thereby  made  of  said  Allston  Way,  is  and  shall  ever 
be  a  mere  license  allowed  to  said  town  of  Berkeley,  and  to 
the  inhabitants  thereof,  who  may  use  and  enjoy  the  same, 
revocable  at  any  time  at  the  will  and  pleasure  of  the  Regents 
of  the  University  of  California,  under  the  express  agree- 
ment, on  the  part  of  the  Trustees  of  the  town  of  Berkeley 
and  said  inhabitants  thereof,  that  no  length  of  time  for 
which  said  connection  and  sewer  may  be  used  shall  ripen/ 
into  any  right  or  easement  or  interest  in  or  to  said  Allston 
Way,  or  to  the  sewer  therein. 

The  said  connection  and  the  materials  therefor  shall  be 
made  and  furnished  without  cost  or  any  expense  to  the 
Regents  of  the  University  of  California,  but  under  the 
supervision  and  control  of  a  competent  superintendent,  to 
be  appointed  therefor  by  the  Secretary  of  the  University, 
and  to  the  satisfaction  of  the  said  Secretary;  that  the 
macadam  on  said  Allston  Way  to  be  removed  shall  be 


REGENTS'  MANUAL.  325 

replaced,  and  said  Allston  Way,  where  disturbed,  shall  be 
repaired  and  left  in  a  condition  satisfactory  to  said 
Secretary;  and  that  said  connection  shall  be  made  through 
new  joints  with  necks. 

A  copy  of  these  resolutions,  signed  by  the  Secretary  and 
under  the  seal  of  the  University,  shall  be  transmitted  by 
the  Secretary  of  the  Board  to  the  Trustees  of  the  town  of 
Berkeley,  as  authority  for  said  sewer  connection. 
[Adopted  July  11,  1893.] 

12. — To   the   Regents   of  the    University  of  California:   offer  of  Senior 
Certain  friends  of  the  University,  including  alumni,  Regents,    Hal1 
members  of  the  faculty,  Seniors,  and  others,  adopting  a 
plan  originating  in  the  Golden  Bear  Society,  offer  to  build, 
at  an  expense  of  not  less  than  three  thousand  dollars,  and 
to  present  unconditionally  to  the  University,  a  hall  for  the 
use  of  the  Senior  Class,  to  be  known  as  Senior  Hall,  and 
to  be  used  for  general  gatherings  of  the  class,  Senior  com-  for  certain 
mittee  meetings,  and  such  functions  as  the  Senior  Singing.   PurP°ses 
It  is  suggested  that  the  building  should  be  situated  in  the 
canon,   immediately  east  of  the  Dining  Association,  and 
built  according  to  plans  drawn  by  Professor  John  Galen 
Howard,  Supervising  Architect  of  the  University,  who  has 
kindly  offered  his  services  in  this  connection.    It  is  believed 
that  such  a  building  would  be  of  great  service  to  the  Uni- 
versity in  furthering  unity,  loyalty,  and  good  feeling,  and 
in  promoting  that  leadership  of  the  Senior  Class  which  is 
so  important  for  the  best  interests  of  the  University. 

MEMBERS  OF  THE  GOLDEN  BEAR  SOCIETY. 

[September  8,  1903.] 

In    order     that    Senior    Hall,    when    completed,    shall  Golden  Bear 
have  proper  care   and  attention  without   expense   to   the  Society  to  have 

use  of  room 

Regents,  the  Committee  on  Grounds  and  Buildings 
recommends  that  the  Society  of  the  Golden  Bear,  which 
includes  in  its  membership  representative  seniors,  alumni, 


326  UNIVERSITY  OF  CALIFORNIA. 

members  of  the  Faculty,  Regents,  and  friends  of  the  Uni- 
versity, be  allowed  the  use  of  a  small  room  in  the  building, 
they  having  undertaken  to  defray  the  expense  of  the  care 
and  maintenance  of  said  building. 
[Adopted  September  8,  1903.] 

Use  of  cottage         13. — In  the  matter  of  the  petition  of  the  Faculty  for  the 
by  Dming         uge  of  one  of  ^e  University  cottages  as  a  restaurant,  the 

Association 

Finance  Committee  recommends  that  the  Faculty  be  allowed 
to  use  the  middle  cottage  of  the  three  upper  cottages. 
This  cottage  must  be  kept  in  good  repair,  and  shall  remain 
under  the  supervision  of  the  Secretary,  and  shall  be 
returned  to  the  Board  of  Regents  on  demand  at  any  time. 
[Adopted  October  10,  1893.] 

Medical  college        14. — WHEREAS,  The   Hastings  College  of   the  Law  has 
!ouse  „  declined  to  use  the  building  intended  for  it,  in  the  group 

Law  college 

building  of  buildings  erected  for  the  use  of  the  professional  and 

affiliated  colleges  and  other  departments  of  the  University 
of  California,  erected  pursuant  to  the  Act  of  the  Legisla- 
ture of  the  State  of  California,  approved  March  23,  1893 
[1895]  ;  and 

WHEREAS,  The  Medical  Department  of  the  University 
has  present  and  prospective  use  for  the  same; 

Resolved,  That  the  Medical  Department  of  the  University 
of  California  shall  have  the  use  of  the  whole  or  such  parts 
of  said  building  formerly  intended  for  the  Hastings  College 
of  the  Law,  as  may  be  necessary  or  proper  for  the  purposes 
of  a  Medical  School. 

The  Committee  on  Grounds  and  Buildings  is  authorized 
to  permit  the  Medical  Department  to  occupy  so  much  of 
the  space  in  the  Law  Building  as  shall  be  necessary  or 
proper  for  the  purposes  of  the  Medical  Department. 

[See  page  188.] 
[Adopted  April  19,  1901.] 


REGENTS1  MANUAL.  327 

15. — The  law  in  relation  to  the  subject  of  affiliations  is  Limitations  in 
found  in  the  following  provisions: — In  Sections  8,  9,  12,   Affiliation 
and  18  of  the  Organic  Act  and  the  reenactment  thereof  in 
the  Political  Code. 

Under  the  pro  visions  of  the  law,  "any  incorporated  college 
of  medicine  or  law,  or  other  special  course  of  instruction  " 
may  be  affiliated  with  the  University  "  upon  such  terms  as 
to  the  respective  corporations  may  be  deemed  expedient," 
subject  to  the  following  statutory  limitations: 

( 1 )  Such  affiliated  college  shall  not  be  deprived  of  its  own 
property ; 

(2)  Nor  of  its  own  Board  of  Trustees; 

(3)  Nor  of  its  own  Faculty; 

(4)  The  President  of  the   University  is  a  member  and 
President  of  the  Faculty  of  the  affiliated  college; 

(5)  The  University  must  not  become  liable  for  any  acts 
or  contracts  of  the  affiliated  college; 

(6)  The  University  must  grant  to  the  students  of  the 
affiliated  college  the  degree  of  its  course,  when  so  recom- 
mended by  its  Faculty; 

(7)  The  University  must  grant  to  all  prior  graduates  of 
the  affiliated  college  the  same  degree  from  the  University 
which  has  been  granted  by  the  affiliated  college. 

[See  pages  22-3,  28,  38.] 
[Adopted  September  22,  1897.] 

Articles  of  Incorporation  of  The  Regents  of  the  University 
of  California. 

16. — THIS  is  TO  CERTIFY:  That  pursuant  to  the  pro-  incorporation 
visions  of  An  Act  of  the  Legislature  of  the  State  of 
California,  entitled  "An  Act  to  create  and  organize 
the  UNIVERSITY  OF  CALIFORNIA,"  approved  March  23d, 
A.D.  1868,  the  undersigned,  Henry  H.  Haight, 
Governor  of  the  State  of  California,  William  Holden, 

REGENTS'  MANUAL — 22 


328  UNIVERSITY  OF  CALIFORNIA. 

Lieutenant  Governor,  and  O.  P.  Fitzgerald,  State 
Superintendent  of  Public  Instruction,  three  of  the 
persons  indicated  in  and  by  such  enactment  as 
trustees  and  directors  of  the  corporation  thereby 
directed  to  be  created,  have  associated  ourselves 
together  for  the  purposes  mentioned  in  and  by  said 
enactment,  and  to  form  a  corporation  for  such  pur- 
poses by  the  name  and  style  designated  in  and  by 
said  enactment,  which  is 

Corporate  title          "THE    REGENTS  OF  THE  UNIVERSITY  OF  CALIFORNIA." 

The  names  of  the  members  of  said  Board  and  the 
terms  of  service  of  appointed  and  honorary  members 
are  as  follows: 

EX-OFFICIO  MEMBERS. 

Original  H.   H.  HAIGHT,  Governor. 

WILLIAM  HOLDEN,  Lieutenant  Governor. 

C.  T.  RYLAND,  Speaker  of  the  Assembly. 

O.  P.  FITZGERALD,  Superintendent  of  Public  Instruction. 

A.  S.  HALLIDIE,  President  of  the    Mechanics  Institute. 

C.  F.  REED,  President    of    the    State    Agricultural 
Society. 


APPOINTED  MEMBERS. 

SAMUEL  MERRITT,  two  years. 

JOHN  T.  DOYLE,  four  years. 

R.  P.  HAMMOND,  six  years. 

J.  W.  DWINELLE,  eight  years. 

H.  STEBBINS,  ten  years. 

L.  ARCHER,  twelve  years. 

WILLIAM  WATT,  fourteen  years. 

S.  B.  McKEE,  sixteen  years. 


REGENTS1  MANUAL.  329 


HONORARY  MEMBERS. 

I.  FRIEDLANDER,  two  years. 

EDWARD  TOMPKINS,  four  years. 

JOHN  B.  FELTON,  sixteen  years. 

A.  J.  BOWIE,  twelve  years. 

A.  J.  MOULDER,  ten  years. 

J.  MORA  Moss,  six  years. 
S.  F.  BUTTERWORTH,  eight  years. 

F.  F.  Low,  fourteen  years. 

H.  H.  HAIGHT, 

Governor. 

WM.  HOLDEN, 

Lieutenant  Governor. 

O.  P.  FITZGERALD, 

Supt.  Public  Instruction. 
Dated  June  12,  1868. 


STATE  OF  CALIFORNIA,         ) 

> 

CITY  AND  COUNTY  OF  SAN  FRANCISCO,  ( 


On  this  twelfth  day  of  June,  A.D.  one  thousand  eight  Notary's 
hundred  and  sixty-eight,  before  me,  HENRY  HAIGHT,  a  attestation 
Notary  Public  in  and  for  said  City  and  County,  duly 
commissioned  and  sworn,  personally  appeared  the  within 
named  H.  H.  HAIGHT,  Governor,  WM.  HOLDEN,  Lt.  Gov- 
ernor, and  0.  P.  FITZGERALD,  Supt.  of  Public  Instruc- 
tion of  the  State  of  California,  personally  known  to  me 
me  to  be  the  individuals  described  in  and  who  executed  the 
annexed  instrument,  and  they  severally  acknowledged  to 
me  that  they  executed  the  same  as  said  officials  freely  and 
and  voluntarily  and  for  the  uses  and  purposes  therein 
mentioned  . 


330  UNIVERSITY  OF  CALIFORNIA. 

IN  WITNESS  WHEREOF,  I  have  hereunto  set  my  hand  and 
affixed  my  official  seal,  the  day  and  year  in  this  Certificate 
first  above  written. 

[SEAL.]  HENRY  HAIGHT, 

Notai-y  Public. 
[See  page  108.] 

California  College  of  Pharmacy. 

Conditions  of  17. — In  accordance  with  the  organic  act  of  the  University 
California  °  °^  California,  the  California  College  of  Pharmacy  is  hereby 
College  of  affiliated  with  the  University  upon  the  following  basis : 

The  College  will  maintain  its  own  Board  of  Trustees, 
and  will  continue  to  hold  its  own  property,  as  if  this 
affiliation  had  not  been  agreed  upon.  The  College  will  also 
appoint  its  own  professors  and  establish  its  own  course  of 
instruction,  subject  to  the  general  approbation  of  the 
Regents  of  the  University.  The  University  will  confer  the 
degree  of  Graduate  in  Pharmacy  upon  candidates  recom- 
mended by  the  Board  of  Examiners  of  the  College,  and 
approved  by  a  committee  to  be  appointed  by  the  Regents. 
This  agreement  may  be  canceled  by  mutual  consent  at  any 
time,  or  by  the  withdrawal  of  either  party  to  it,  after 
twelve  months'  notice  to  the  other  party. 

[Adopted  June  2,  1873.] 

x- 

Hastings  College  of  the  Law. 

18. — The  institution  known  as  the  Hastings  College  of 
Law  shall  be  affiliated  with  the  University  of  California, 
and  made  an  integral  part  of  the  same,  and  incorporated 
therewith,  upon  the  following  terms  and  conditions,  which 
are  hereby  made  a  part  of  such  affiliation  and  incorpora- 
tion: 

First — The  Directors  of  said  college  named  in  the  Act  of 
the  Legislature  which  organized  it,  approved  March  26, 
1878,  shall  have  authority  to  fill  vacancies  in  their  Board 


REGENTS'  MANUAL.  331 

when  the  same  occur,  as  prescribed  in  the  said  Act,  subject  conditions  of 

to  the  approval  of  the  Board  of  Regents  of  said  University,  Affiliat'on  of 

except  in  so  far  as  qualified  by  the  next  section.  CoUe'^of  the 

[See  page  104.]  Law 

Second — Hon.  S.  Clinton  Hastings,  as  founder  of  said 
college,  and  his  legal  representatives,  shall  always  be 
entitled  to  have  the  appointment  from  his  heirs  or  repre- 
sentatives of  one  of  said  Directors,  without  such  appoint- 
ment being  subject  to  the  approval  of  said  Board  of 
Regents. 

Third — The  Faculty  of  said  college  shall  have  the 
authority  to  present  to  said  Board  of  Regents  the  names  of 
such  students  of  said  college  as  they  recommend  for 
diplomas,  and  the  said  Board  of  Regents  shall  issue 
diplomas  to  said  students,  subject  to  the  right  of  said 
Regents  to  refuse  the  same  for  cause. 

Fourth — As  soon  as  practicable,  there  shall  be  set  apart 
for  the  use  of  the  students  of  said  college  some  room  or 
suitable  hall  at  the  University. 

Fifth — The  present  Dean  of  said  college,  the  Hon.  8. 
Clinton  Hastings,  shall,  during  his  lifetime,  have  a  seat  in 
the  Academic  Senate  of  said  University,  be  a  member 
thereof,  and  have  a  vote  therein. 

Sixth — The  said  college  shall  be  subject  to  the  dominion 
of  the  said  Board  of  Regents  in  all  matters  pertaining  to 
its  management  and  welfare. 

Seventh — The  number  and  diities  of   the  professors  of 
said  college  shall  be  prescribed,  and  the  business  of  said 
college  managed,  by  said  Board  of  Directors,  subject  to  the 
approval  of  said  Board  of  Regents. 
[Adopted  August  7,  1879.] 


332  UNIVERSITY  OF  CALIFORNIA. 


San  Francisco  Polyclinic  (Post  Graduate  Medical  Department.) 

Conditions  of          19. — First — The    San     Francisco     Polyclinic    shall     be 
Affiliation  of       affiliated  with  the  University  of  California,  and   shall  be 

San  Francisco 

Polyclinic          known  as  the  "Post  Graduate  Medical  Department  of  the 
University  of  California." 

Second — All  property  now  owned  or  hereafter  acquired 
by  the  San  Francisco  Polyclinic  shall  be  and  remain  under 
its  exclusive  control,  with  full  power  of  management  and 
disposition. 

Third — The  members  of  the  present  Staff  of  the  San 
Francisco  Polyclinic  shall  be  the  Faculty  of  the  "Post 
Graduate  Medical  Department  of  the  University  of  Cali- 
fornia." All  vacancies  in  said  Faculty  shall  be  filled, 
and  additions  to  and  removals  from  said  Faculty  shall  be 
made  in  the  following  manner:  The  motion  for  such  action 
shall  be  by  the  San  Francisco  Polyclinic;  appointment  and 
removal  shall  be  by  the  Regents  of  the  University  of 
California,  and  at  their  discretion. 

Fourth — The  Faculty  of  said  "Post  Graduate  Medical 
Department  of  the  University  of  California,"  shall  at 
present,  consist  of  the  following-named  chairs: 

I.  MEDICINE. 

Internal  Medicine,  Diseases  of  Nervous  System,  Heart 
and  Kidneys,  Diseases  of  Children. 

II.  SURGERY. 

General  Surgery,  Genito-Urinary  Surgery,  Orthopedic 
Surgery,  Gynecology,  Ophthalmology,  Otology,  Rhinology 
and  Laryngology,  Dermatology  and  Venereal  Diseases, 
Bacteriology,  Pathology,  Anatomy,  Physiology,  Chemistry. 

Fifth— The  Faculty  of  the  "  Post  Graduate  Medical  Depart- 
ment" shall  determine,  subject  to  the  approval  of  the 


REGENTS'  MANUAL.  333 

Regents  of  the  University  of  California,  terms  of  admission; 
shall  charge  such  fees  as  may  be  fixed  or  ordered;  provided, 
that  graduates  of  the  Medical  Department  of  the  University 
of  California  shall  be  exempt  from  paying  the  matriculation 
fee,  and  shall  not  be  charged  more  than  fifty  ($50)  dollars 
each  for  the  post  graduate  course,  and  ten  ($10)  dollars 
each  for  diplomas;  shall  make  recommendations  to  the 
Regents  for  the  post  graduate  degrees;  shall  make  such 
regulations,  not  inconsistent  with  the  laws  relating  to  the 
University  of  California,  for  the  government  of  students 
and  the  management  of  the  "  Post  Graduate  Medical  Depart- 
ment" as  they  may  deem  necessary. 

Sixth — The  affiliation  herein  provided  for  may  be  ter- 
minated by  the  withdrawal  of  either  party  thereto  after 
twelve  months'  notice  of  such  intention  to  withdraw  has 
been  given  to  the  other  party. 

[Adopted  March  15,  1892.] 

San  Francisco  Art  Association  (Mark  Hopkins  Institute  of  Art) 

20. — Whereas,   the  "San  Francisco  Art  Association"  is  conditions  of 
an    incorporated    bodv,    conducting    a   special    course   of  Afflliatlon  of 

San  Francisco 

instruction  in  art,  known  as  a  "School  of  Design,"  and  Art  Association 
desires  to  affiliate  with  the  University  of  California,  pur- 
suant to  Sections  1391  and  1396  of  the  Political  Code  of 
California:*  be  it 

Resolved,  That  the  "San  Francisco  Art  Association"  be 
and  hereby  is  affiliated  with  the  University  of  California, 
upon  the  following  terms: 

First — Said  association  may  retain  the  control  of  its  own 
property ; 

Second — Have  its  own  Board  of  Trustees; 

Third — Have  its  own  faculty; 

*[See  pages  23,  38.] 


334  UNIVERSITY  OF  CALIFORNIA. 

Fourth— The  students  of  said  school,  upon  the  recom- 
mendation of  the  faculty  thereof,  may  receive  such  degrees 
or  certificates  of  proficiency  from  the  University  of 
California  as  the  Regents  of  the  University  may  deem 
appropriate  to  the  course  of  study  pursued; 

Fifth — Said  association  shall  be  allowed  to  occupy  and 
use  such  portions  of  the  buildings  donated  by  Edward  F. 
Searles  to  the  Regents  of  the  University  of  California  as 
may  be  necessary  for  the  instruction  in  and  illustration  of  the 
fine  arts  by  said  association,  consistent  with  the  use  of 
said  property  by  the  Regents  under  the  trust  deed  for  them. 

Agreement  with  San  Francisco  Art  Association. 

Agreement  Whereas,  the  San  Francisco  Art  Association  has  become 

Re'Tru"  ^Uly  affiliated  with  the  University  of  California  pursuant 

Association,  to  Sections  1391  and  1396  of  the  Political  Cpde  of 
and  E.F.Searies  California,  and  by  the  terms  of  such  affiliation  is  allowed  to 
occupy  and  use  such  portions  of  the  building  and  premises 
donated  by  Edward  F.  Searles  to  the  Regents  of  the  Univer- 
sity of  California  as  may  be  necessary  for  the  instruction  in 
and  illustration  of  the  fine  arts  by  said  association,  consistent 
with  the  use  of  said  property  by  the  Regents  under  the 
trust  deed  to  them  made  by  the  said  Edward  F.  Searles, 
the  twenty-seventh  day  of  February,  1893. 

Now,  therefore,  it  is  agreed  and  understood  by  and 
between  the  Board  of  Regents  of  the  University  of  Cali- 
fornia, hereinafter  styled  "the  Regents,"  and  the  said  San 
Francisco  Art  Association,  hereinafter  styled  "the  associa- 
tion," and  the  said  Edward  F.  Searles,  hereinafter  styled 
"the  donor,"  as  follows: 

Building  to  be          First — The  entire  building  and  premises  shall  be  main- 
kept  in  repair      tained  and  kept  in  good  order  and  repair  bv  said  association 

by  Association  .  . 

at  its  own  expense;  the  association  shall  receive  and  apply 
any  sums  of  money  which  may  be  given  by  the  donor  in 
aid  of  such  maintenance  as  he  mav  direct  from  time  to 


REGENTS'  MANUAL.  335 

time,  and  said  association  may  likewise  apply,  according  to 
its  discretion,  to  the  same  purpose,  any  sums  contributed 
therefor  by  other  persons.  The  donor  agrees  to  provide 
the  sum  of  five  thousand  dollars  yearly,  in  semi-annual 
payments,  commencing  January  1,  1893,  and  continuing 
for  five  years  from  that  date,  for  the  purpose  of  main- 
taining the  premises,  such  payments  to  be  made  to  the 
association. 

Second — In  case  the  donor  shall  so  request  in  writing,   Admission  to 
addressed  to  the  Regents  and  the  association,  arrangements  public 
shall   be  made   for   the  free  admission  of   the  public,  at 
certain  times  and  under  proper  rules,   to  be  made  by  the 
association  and  approved  by  the  Regents,  to  the  galleries 
and  reading-rooms. 

Third — The  donor  shall  also  have  the  right  to  make  at  Rights  of  donor 
his  own  expense  any  alterations  in  the  building  or  premises, 
to  adapt  them  more  perfectly  to  the  purposes  for  which  they 
are  intended  under  his  deed  of  trust  to  the  Regents,  and  he 
shall  at  all  times  during  his  life  be  consulted  by  the  asso- 
ciation during  its  term  of  occupancy,  and  by  the  Regents, 
should  such  term  of  occupancy  by  the  association  cease,  in 
respect  to  any  material  change  or  alteration  to  the  building 
or  premises.  He  shall  have  the  right  at  all  times  person- 
ally, or  by  agent  duly  appointed  in  writing  for  such 
purpose,  to  visit  and  inspect  the  premises  and  examine  the 
books  and  accounts  of  the  association  in  respect  to  any 
matters  relating  to  the  same,  and  the  occupancy  and 
management  thereof  by  the  association. 

Fourth — A  violation  of  the  foregoing  provisions  num-   Forfeiture  of 
bered  "Second"  and  "Third,"  by  any  act  or  neglect  of  the  rights 
association  shall  forfeit  all  rights  of  the  association  here- 
under,  and  said  rights  shall  then  devolve  upon  and  vest  in 
the  Regents.     A  violation  of  said  provisions  by  any  act  or 
neglect  of  both  the  association  and  the  Regents,  or  of  the 
Regents  alone,  shall  constitute  a  breach  of  the  trust  created 
by  the  deed  of  trust  from  the  donor  to  the  Regents. 


336 


UNIVERSITY  OF  CALIFORNIA. 


Works  of  Art 


Regents' 
meetings 


Restriction  in 
statements 


Fifth — Any  works  of  art  or  other  articles  which  may  be 
placed  in  the  building  by  the  donor  shall  be  received  by 
the  association  and  held  by  it  upon  such  terms  and  condi- 
tions as  the  donor  may  prescribe. 

Sixth — The  Regents  shall  have  the  right  to  hold  meetings 
for  the  transaction  of  business  in  the  building  on  the 
premises  conveyed  by  the  trust  deed,  under  such  arrange- 
ments as  they  may  make  with  the  association  for  that 
purpose. 

Seventh — Any  statement  in  the  catalogue,  or  other 
publication  of  the  Regents  or  the  association  in  reference 
to  the  "Mark  Hopkins  Institute  of  Art,"  shall  be  confined 
in  substance  to  the  particulars  of  the  deed  of  trust  as 
contained  therein. 

Witness  the  seals  of  the  above  named  corporations 
respectively,  and  the  signatures  of  their  respective  Presi- 
dents and  Secretaries,  and  the  hand  of  the  said  donor,  this 
twenty- seventh  day  of  February,  A.D.  one  thousand  eight 
hundred  and  ninety-three. 

[See  page  185  and  SECRETARY'S  REPORT  for  1893,  pp.  43  ff.J 


Acceptance 


Permanent 
committee 


Phebe  Hearst  Architectural  Plan. 

21. — Resolved,  That  this  Board  accepts  the  Phebe 
Hearst  Architectural  Plans  of  the  University  of  California. 

Resolved,  That  with  a  view  of  perpetuating  the  Phebe 
Hearst  Architectural  Plan  of  the  University  of  Cali- 
fornia, and  of  obtaining  their  counsel  and  advice  in  the 
matter  of  the  buildings  to  be  constructed  on  the  site  of  the 
University  at  Berkeley,  the  present  jury  of  award,  together 
with  Charles  F.  McKim,  Esq.,  Professor  D.  Despradelle, 
John  M.  Carrere,  Esq.,  and  John  Galen  Howard,  Esq.,  be 
constituted  a  board  of  advisers,  self-perpetuating,  without 
the  consent  of  a  majority  of  whom  no  substantial  alteration 
of  the  Phebe  Hearst  Architectural  Plan  of  the  University 


REGENTS'  MANUAL.  337 

of  California  shall  be  made;  the  Regents  expressing  herein 
the  hope  that  the  international  character  of  the  jury  shall 
always  be  maintained. 

[See  page  221.] 

[Adopted  December  14,  1900.] 

Instructions  to,  and  Fees  of,  Land  Agent. 

22. — To  tlie  Land  Agent  of  the  University  of  California: 

SIR  :  Whenever  it  is  brought  to  your  notice  that  appli-  Rules  for 
cants  for  lands  under  the  Agricultural  College  Grant  have 
interfered,  or  are  attempting  to  interfere,  with  the  rights 
of  settlers  or  persons  in  possession,  you  will  report  the 
facts  to  the  Committee  on  College  Lands  for  their  action. 
You  will  not  approve  any  location  until  after  the  expira- 
tion of  thirty  (30)  days  from  date  of  the  United  States 
Register's  acceptance  of  the  same. 

It  will  be  j'our  duty  to  communicate  with  the  United 
States  Laud  Offices,  and  ask  that  they  take  action  upon  all 
college  applications  that  have  been  filed  in  their  offices 
over  ninety  (90)  days.  If  the  Registers  and  Receivers  of 
the  United  States  Laud  Offices  cannot  decide  in  that  time, 
you  will  get  from  them  a  statement  of  their  reasons,  and 
submit  the  same  to  the  Committee  on  Lands. 

In  applications  for  timber  land  applicants  will  be  required 
to  furnish  bonds  for  the  payment  of  deferred  payments, 
with  two  sureties,  to  be  approved  by  the  Finance  Commit- 
tee of  the  Board. 

[Adopted  March  3,  1885  ] 

23. — The    Land    Agent  shall   collect  a  fee  of  two  ($2)    Schedule  of 
dollars  for  each  certified  copy  of  papers  on  file  in  his  office.    ' 
[Adopted  March  3,  1885.] 

24. — Applicants  shall  pay  to  the  Treasurer  the  following 
fees: 


338  UNIVERSITY  OF  CALIFORNIA. 

Fees       For  filing  and  making  out  papers  for  the  United  States 
Land  Office,  for  every  location  of  320  acres  or  less,  $5. 

For  certificate  of  purchase,  $3. 

For  patent  for  each  and  every  application,  $5. 

For  each  160  acres  or  fractional  part  thereof,  $1. 

For  locations  embracing  more  than  320  acres,  the  same 
fees  shall  be  paid  for  each  320  acres  or  fraction  over  in  the 
location. 

The  fee  for  certificate  of  purchase  shall  be  paid  at  the 
time  the  first  payment  of  principal  is  made.     The  fee  for 
patent,  when  the  same  is  issued.     The  fee  for  filing  must 
accompany  the  application. 
[Adopted  March  3,  1885.] 

No  certificate  for  a  patent  shall  be  issued  by  the  Land 
Agent  until  all  the  fees  for  such  patent  are  prepaid. 
[Adopted  October  20,  1885.] 


INDEX. 


REGENTS1  MANUAL. 


341 


INDEX. 


A.B.  degree,  295. 

Absence,  leave  of,  317. 

Absence  of  professor,  317. 

Absence  of  Secretary,  279. 

Absence  of  students  from  illness,  319. 

Abstract  of  title,  282. 

Academic  Colleges,  list  of,  295. 

not  corporate   bodies, 

322. 
Academic  Senate,  37,  295. 

Book  loans,  305. 
Chronicle,  298. 
College  of  Dentistry,  314. 
College  of  Medicine,  313. 
Communications      from, 

316. 
Course  for  Normal  school 

graduates,  296. 
Degrees    in    College     of 

Pharmacy,  314. 
Examinations  for  admis- 
sion, 296. 
Fellows,  298. 
Library,  302,  303,  306. 
Members  of,  295. 
Publication     of     papers, 

299. 

Publications,  298. 
Secretary  of,  295. 
Students  at  the  Lack 

Observatory,  312. 
Summer  Session,  315. 
University        Extension, 

315. 

Visitation  of  schools,  296. 
Acceptance  of  donations  and  trusts  from 

College  of  California,  173. 
Acceptance  of  Sather  gifts,  201. 
Acceptance  of  Sutro  gift,  193. 
Acceptance  of  U.  S.  grant,  54,  90,  144. 
Acceptance  of  work  under  contract,  280. 
Accrediting  of  schools,  296. 
Actiof  April  20,  1850,  122. 

March  3,  1853,  40,  81,  140. 


Act  of  April  13,  1855,  122. 
April  23,  1858,  145. 
April  26,  1858,  145. 
April  16,  1859,  142. 
July  2, 1862,  15,  20,  39,  40,  48,  66,  75, 

81,  86,  98,  140. 
April  27,  1863,  122,  145. 
March  31,  1866,  47,  123. 
April  2,  1866,  145. 
July  23,  1866,  140. 
February  21, 1868, 122. 
March  20,  1868, 122. 
March  21,  1868,  108. 
March  23,  1868.  15,66. 
March  26,  1868,  56,  123. 
March  28, 1868,  142. 
March  30,  1868,  56. 
June  8,  1868,  141. 
January  6,  1870,  134. 
March  4,  1870,  115. 
March  28, 1870,  122. 
April  1,  1870,  149. 
April  2,  1870,  56,  79,  81. 
March  3,  1871,  141. 
January  8,  1872,  122. 
February  1, 1872,  123. 
February  2,  1872,  101. 
March  7,  1872,  149. 
March  12,  1872,  85. 
March  26,  1872,  56. 
April  1,  1872,  57,  126. 
December  22,  1873,  124. 
December  23,  1873,  114. 
February  7,  1874,  122. 
March  13,  1874,  142,  147. 
March  27,  1874,  102. 
March  30,  1874,  57. 
March  23,  1876,  126. 
April  1,  1876,  161. 
April  3,  1876,  57,  114. 
June  7,  1876,  110. 
February  27,  1877,  115. 
March  19,  1878,57,81. 
March  26,  1878,  104. 


342 


UNIVERSITY  OF  CALIFORNIA. 


Act  of  March  30,  1878,  124. 

April  1,  1878,  57, 124. 

February  26,  1879,  115. 

April  9,  1880,  124,  143,  147. 

April  1,  1876,  161. 

April  15,  1880,  156. 

May  4.  1880,  116. 

April  15,  1880,  57. 

March  3,  1881,  112. 

March  4,  1881,  58,  90,  92,  94. 

May  12,  1881,  58. 

August  7,  1882,  46. 

March  3,  1883,  77,  107,  141. 

March  7,  1883,  82,  293. 

March  9,  1883,  58,  59,  124. 

March  13,  1883, 143. 

March  15,  1883,  59. 

July  5,  1884,  118. 

August  6,  1884,  119. 

February  26,  1885,  159. 

March  3,  1885,  100. 

March  5,  1885,  59. 

March  9,  1885,  125,  154. 

March  10,  1885,  59,  60. 

March  14,  1885,  122. 

March  18, 1885,  107. 
February  14,  1887.  61,  84. 

March  2,  1887,  48,  53, 54. 

March  4, 1887,  61. 
March  7,  1887,  100. 
March  18,  1887,  61. 
June  7,  1888,  52. 
September  26,  1888,  116. 

March  2,  1889,  52,  141, 

March  16,  1889,  143. 

March  21,  1889,  61. 

August  30,  1890,  86,  90,  141. 

January  13,  1891,  118. 

March  10,  1891,  136. 

March  31,  1891,  90,  127,  141,  143. 

April  6,  1891,  61. 

March  25,  1892,  111. 

July  5,  1892,  53. 

March  3,  1893,  61,  90,  125,  293. 

March  23,  1893,61,  100. 

November  3,  1893,  119. 

August  8,  1894,  53. 

March  2,  1895,  121. 

March  ^3,  1895,  62,  188. 

March  26,  1895,  62. 

March  27,  1895,  62,  126,  157. 

March  28,  1895,  62. 

February  9,  1897,  130. 

February  23,  1897,  62. 


Act  of  February  27,  1897,  63,  96. 
March  9,  1897,  127. 
March  27,  1897,  127. 
April  1,  1897,  63. 
March  6,  1899,  136. 
March  11,  1899,  63,  93,  125,  293. 
March  17,  1899,  63. 
March  20,  1899,  136. 
February  26,  1901,  64,  120. 
March  2,  1901,  53,  54. 
March  5,  1901,  130. 
March  8,  1901,  63,  98. 
March  15,  1901,  64,  99. 
March  21,  1901,  64. 
March  2,  1903,  153. 
March  10,  1903,  127. 
March  13,  1903,  65,  132. 
March  16,  1903,  139. 
March  18,  1903,  64,  68. 
March  20,  1903,  65,  69,  104. 
March  26,  1903,  64,  65,  159. 
Additional  federal  endowment,  86 
Ad  valorem  tax,  84,  96. 
Adjournment  of  meetings,  284. 
Adjutant  General,  115. 
Admission  examinations,  296. 
fee,  32. 

of  students,  296. 
on  certificate,  296. 
requirements    of      College     of 

Medicine,  313. 
terms  of,  296. 
to  courses  at  large,  18. 
without  examination,  296. 
Advances  by  Treasurer,  290. 
Advertising  ordered,  46. 
Adviser,  duties  of,  318. 
Advisers  for  architectural  plan,  336. 
Affiliated     College     grounds,     appropria- 
tion, 64. 

Affiliated  College  site,  188. 
Affiliated  Colleges,  41. 

buildings,  62. 
expenses  of,  314. 
governed    by    laws    of 

University,  23. 
list  of,  314. 
printing  for,  319. 
Regents  not  liable,  30. 
seals,  322. 
use  of  library,  305. 
Affiliation,  22,  30,  327. 

of     colleges— terms    unchange- 
able, 67. 


REGENTS'  MANUAL. 


Affiliation  of  Hastings  College,  105. 

law  concerning,  327. 
Agassiz  professorship,  204. 
Age  of  students  at  large,  18. 
Agreement  between  Such  and  Regents,  267. 
with  Marie  Hillegass,  245. 
with  Miss  Flood,  274. 
with  S.  F.  A_rt  Association  and 

E.  F.  Sear'les,  334. 

Agricultural  appropriation,  U.  S.,  86. 
Experiment  Stations,  48. 
Experiment  Station  lands,  217. 
grant,  48,  75. 
Mining  and  Mechanic  Arts 

Colleges,  47. 
Agriculture,  16,  75,  77. 

and  Experiment  Station  com- 
mittee, 285. 
College  of,  17,  19,  20,  21, 67, 295, 

299. 

College  of,  professors  in,  19. 
President  of  State  Board  of,  26. 
University  Extension  in,  299. 
Agriculturist  to  be  Secretary,  33. 
Aid  fund  for  high  schools,  153. 
Alameda  property,  Sather  gift,  199. 

Water  Company's  pipes,  264. 
Alienation  of  property  forbidden,  29. 
Allotments  in  budget,  monthly  report  on, 

280. 
Allston  way  sewer,  license  to  use,  324. 

street  railway,  264. 
Alteration  of  architectural  plan,  336. 
Alumni  of  Affiliated  Colleges,  24. 
Amendment  of  contracts,  287. 
Amendments  to  Orders,  321. 
Ammunition,  see  Ordnance. 
Analyst,  State,  154. 
Annual  examination,  18,  23. 

report  of  Regents,  39. 
Anthropology,  300. 
Appeal  to  Academic  Senate,  38. 
APPENDIX,  322. 

Applicants'  age  and  character,  296. 
Application  for  loan,  to  be  deposited,  282. 
Applications  for  loans,  290. 
Appointed  Regents,  11,  26. 
Appointment  and  removal  of  professors, 316. 

of  Regents,  25. 

Apportionment  of  students,  33. 
Appraiser  of  loss  by  fire,  281. 
Appropriation  for  Farmers'  Institutes,  69; 
for  fertilizers,  73. 
for  loss  in  endowment,  98. 


Appropriation  for  $500,  rule,  289. 
Appropriations,  56. 

Agricultural     Experiment 

Station,  50,  54. 
of  U.  S.  and  State,  when 

exhausted,  292. 
poultry,  under  control  of 

Regents,  133. 
transfer  of,  44. 
Approval  of  bills,  289. 
April  meeting  to  consider  budget,  287. 
Architect  to  certify  to  contracts,  280. 
Architectural  plan,  336. 
Archives,  280. 

Arms,  issue  of,  20,  114,  115,  117. 
Arms  to  be  furnished  by  State,  20 ;  may  be 

furnished  by  Secretary  of  War,  117. 
Army  officer  detail,  114,  116. 
Art  Association,  333. 
Art  gallery,  308. 
Art  Institute,  344. 

deed,  185. 

place  of  meeting,  283. 
Articles  of  affiliation,  330. 

of  incorporation,  327. 
Artisans'  wages,  289. 
Ashland,  Oregon,  property,  202. 
Assembly,  speaker  of,  8, 26. 
Assent  of  ^legislature,  51,  54,  90. 
Assignment  of  land  contracts,  320. 

of  Morrow  agreement,  184. 

of  rooms,  317. 

of  work  by  Director  of  Lick 

Observatory,  310. 
Assistant     Secretary    of    Department    of 

Anthropology,  300. 
Assistants,  298. 
Assistants'  duties,  298. 
Astronomers  members  of  Faculties,  312. 
Astronomers'  titles,  310. 
Astronomical  assistants.  312. 

Departments,  309. 

names  of,  311. 

Astronomy,  instruction  in,  311. 
Attorney  General,  8,  129. 

of  Regents,  129,  279,  282,  283,  284, 

288,  290,  291. 
duties  of,  283. 
election  of,  279. 
invited  to  meetings,  284. 
to  certify  to  title,  288. 
to  deliver  check,  290. 

Attorney's  duties  in  release  of  mortgage, 
291. 


REGENTS'  MANUAL— 23 


344 


UNIVERSITY  OF  CALIFORNIA. 


Attorney's  opinion  deposited,  282,  290. 

Audit,  287. 

Authorization   of  withdrawal  of  moneys, 

293. 

Avenues  on  grounds,  320. 
Aye  and  nay  vote  necessary  in  expenditure 

of  money,  289. 

Bachelor  of  Arts  degree,  21,  295. 
of  Letters  degree,  295. 
of  Science  degree,  295,  299. 

who  may  receive,  323. 
Balances  in  budget  allotment,  280. 

unexpended,  293. 

Barbara  Weinstock  lectureship,  213. 
Bear  Gulch  Water  Company,  187,  274. 
Bequests,  103. 
Berkeley,  15. 

Astronomical  Department,  311. 
Board    of    Education,    petition 

denied,  324. 

Hospital  Association,  gift,  216. 
residents,  use  of  library  by,  306. 
Berryman  vs.  Perkins,  162. 
Bids  for  building,  46. 
Bidwell  to  State  Board  of  Forestry,  219. 
Biennial  appropriation,  99. 
Biennial  Reports, 

See  Reports. 
Bills,  approval  of,  288,  289. 

approved  by  quorum  of  committee, 

288. 

Binding  books,  304. 
Blacksmithing,  expenditures  for,  292. 
Blake  land,  255. 
Blake  to  Regents,  255,  258. 
B.L.  degree,  295. 

Boarding  Houses,  inspection  of,  319. 
Board  of  Education,  State  Board  of,  66. 
Board  of  Regents, 

See  Regents. 
Bond  for  Ordnance,  117,  121. 

of  Treasurer,  34,  279. 
Bonds,  custody  of,  282. 

from  salt  marsh,  and  tide  lands,  79. 
interest  paid  by  State,  91. 
of  Officers,  279. 

purchased  for  University  Fund,  80. 
sent  to  State  Treasurer,  282. 
Book  funds,  303,  304. 

loans  to  Libraries,  304. 
Books  borrowed  to  be  charged,  308. 
how  bought,  303. 
not  to  be  lent  by  library,  307. 
purchase  of,  303. 


Books,  text,  37. 

to  be  catalogued,  307. 
to  be  returned  at  close  of  year,  307. 
Books,  see  Library. 

Borrowers  from  library,  rules  for,  305. 
Brayton  property,  81,  123,  263. 
Bryce  historical  essay,  228. 
B.S.  degree,  295,  299. 
Budget,  43,  287. 

for  Observatory,  310. 
when  presented,  287. 
Building  contracts,  46. 

change  in,  287. 
loans,  290. 

Morrill  Act,  78;  Act  of  1890,  88. 
Building  transactions,  rules,  292. 
Buildings,  46. 

and  Grounds  Committee,  285. 
cost  of,  see  Appropriations,  56. 
for  Affiliated  Colleges,  62. 
grouped,  46. 
Museum,  45. 

not  from  U.  S.  land  grant,  78. 
to  be  erected,  46. 
Bulletin,  Fertilizers,  73. 

Poultry,  132. 
Bulletins,  Experiment  Station,  50. 

Viticultural,  160. 
Cadet  officers,  114. 
Cadets,  arms  for, 

See  Arms. 
University,  114. 
University,  object  of,  115,  120. 
Calendar,  299. 
California  College  of  Pharmacy,  314. 

affiliation  of,  330. 
California  Hall,  65. 
California,  State  of,  scholarships,  231. 
Card  index,  53. 
Certificate,  38. 

of  Incorporation,  108,  327. 
Certificates,  fertilizers,  70. 

of  proficiency,  24. 
teachers',  150. 

Certification  by  Architect,  280. 
Chairman  of  Board,  279. 

of  committee,  285. 
of  joint  committee.  286. 
Chair  of  Classical  Literattire,  199. 

of  Philosophy,  194. 
Charge  of  laboratories,  322. 
Charitable  devises,  103. 
Checks  for  returned  deposits,  309. 
for  salaries,  289. 


REGENTS'  MANUAL. 


345 


Checks  of  Treasurer,  282. 

Chemistry,  College  of,  16,  295. 

Chico  land,  deed,  219. 

Chief  Justice  of  Supreme  Court,  107. 

Chinese  chair,  203. 

Chinese  labor,  68. 

Chino  land,  deed,  218. 

Choate  street,"  street  railway,  215, 

Chronicle,  298. 

Civil    Code,    §288-109,     1275-104,     1313-103, 

1317-43. 
Civil  Engineering,  16. 

College,  17,  20,  295. 
Claims  for  insurance,  281. 
Class  of  1886  Fund,  224. 

of  1903  Loan  Fund,  225. 
Classical  College,  21. 

Literature,  chair  of,  199. 
studies,  21,  77. 

Codes,  see  Civil,  Penal,  Political,  Code. 
Coeducation,  296. 
Cogswell,  conveyance  to,  124. 

vs.  Regents,  43. 
Cole  scholarship,  229. 
College,  affiliated, 

See  Affiliated  Colleges. 
College,  17. 

constitution  of,  17. 

faculty,  37,  322. 

Faculty,  constitution  of,  322. 

of  Agriculture,  295,  299. 

of  Arts,  16. 

of  California,  15,  20,  21,  24,  29. 

of  California  to  Regents,  deed,  167. 

of  California  to  State,  deeds,  165, 
171. 

of  California  Trusts,  165. 

of  Civil  Engineering,  295. 

of  Chemistry.  295. 

of  Commerce,  295. 

of  Dentistry,  314. 

of  Law,  16. 
See  Hastings  College  of  Law. 

of  Letters,  16,  17,  21,  295. 

of  Mechanics,  16,  295. 

of  Medicine,  16, 17,  22,  30,  112,  312. 

of  Mines,  16,  17,  295. 

of  Natural  Sciences,  295. 

of  Pharmacy,  314,  330. 

of  Pharmacy,  affiliation  of,  330. 

of  Physicians  and  Surgeons,  323. 

of  Social  Sciences,  295. 

way,  application  for  use  of  denied, 
323. 


Colleges  at  Berkeley,  list  of,  295. 
Commencement  day,  close  of  year,  318. 
Commerce,  16. 

College  of,  295. 
Commercial  Education,  Flood  endowment, 

188. 
Commissions     of     Cadets,    114,    115:     of 

Regents,  294. 
Committee,  absence  of  chairman  of,  286. 

Agriculture    and    Experiment 

Stations,  285. 

Colleges  of  Medicine  and  Den- 
tistry, 285. 

Equipment  and  Supplies,  285. 
Finance,  285,  287. 
Flood  Endowment,  285. 
Grounds    and    Buildings,    285, 

287. 
Grounds    and    Buildings,    powers 

of,  287. 
Library  and  Museum,  285,  302, 

303,  305. 

Lick  Observatory,  285. 
on  architectural  plan,  336. 
Supplies,  285. 
Wilmerding  School,  285. 
Committees,  appointment  of,  285. 
confirmation  of,  285. 
duties  of,  286. 
Joint,  286. 
minutes  of,  287. 
nomination  of,  285. 
of  Board,  285. 
Secretary  of,  287. 
Special,  286. 
Standing,  285,  286. 
to  hold  over,  285. 
vacancies  in,  285. 
Communications  for  Board,  280. 

for  Regents,  280,  311,  316. 
from    Academic    Senate, 

316. 

from    members    of   Aca- 
demic Senate,  316. 
from     officers     of    Lick 

Observatory,  311. 
Commutation,  cost  of,  121. 
Compensation  of  Regents,  44. 
Competitive  examination  for  scholarships, 

149. 

Condemnation  of  land  for  water  supply,  161. 
Condition  of  budget  allotments,  280. 
Conditions  of  acceptance  of  U.  S.  grants, 
78,  86. 


UNIVERSITY  OF  CALIFORNIA. 


Conditions  of  affiliation,  327,  330. 
of  Chiuo  gift,  218. 
of  endowments  void,  43;  to  be 

observed,  83. 

of   gift  from  College  of    Cali- 
fornia, 168,  170. 
of  Mills  gift,  194. 
of  Pioche  gift,  214. 
of  Tulare  gift,  217. 
of  Wilmerding  bequest,  205. 
Conduct  of  Library,  305. 
Conductors  of  Farmers'  Institute,  300. 
Conferring  of  degrees  on  graduates  of  other 

medical  colleges,  323. 
Confirmation  of  committees,  285. 
Congressional  land  grant,  75,  86. 
Consolidated  Perpetual  Endowment  Fund, 

57,81,85,282,293. 
CONSTITUTIONAL  AND  LEGAL  PROVISIONS, 

14. 

Constitutional  provisions,  66. 
Contest  between  land  purchasers,  147. 
Contingent  funds,  expenditure  of,  292. 
Continuance  of  committees,  285. 
Continuous  appropriation,  99. 
Contracts  for  building,  change  in,  287. 
for  uniforms,  301. 
no   Regent  to  be  interested  in, 

294. 

to  lowest  bidder,  46. 

Contributions  from  staff  of  Lick  Observa- 
tory, 311. 

Control  of  College  of  Medicine,  312. 
Controller  must  draw  warrant,  85,  92. 
Controller's  warrant  unnecessary,  84. 
Cooper  Medical  College,  323. 
Cornelius  B.  Houghton  scholarship,  233. 
Corporate  seal,  294. 
title,  328. 
Corporation,  108. 

Cottage  for  Dining  Association,  326. 
County  Boards  of  Education,  151,  153. 
Course  preparatory  to  medicine,  299. 
Courses,  17. 

partial,  18. 

supervised  by  Regents,  38. 
Credentials  for  Teachers'  Certificates,  151. 
Credit  for  degrees  in  University  Extension 

Courses,  315. 

in  Summer  Session  Courses,  315. 
Cushing  vs.  Keslar,  148. 
Custody  of  mortgages,  282. 
Date  of  application  for  accrediting,  297. 
of  filing  documents,  280. 


Deaf,  Dumb,  and  Blind  Asylum,  161. 
Dean  of  College  of  Medicine,  313. 

of  Law  College,  105. 
Deans    of    Affiliated    Colleges    invited    to 

meetings,  284. 
Death  of  officer,  317. 

Deduction  from  salary  for  incurring  obliga- 
tions, 291. 
Deeds,   165-172,    177,  183,    185-192,   217-220, 

241-244,  255,  258,  263. 
Degree  of  Graduate  in  Pharmacy,  314. 
Degrees,  18,  21,  23,  38  295,  299. 

conferred   in    Academic  Colleges, 

295. 

in  College  of  Pharmacy,  314. 
of  Affiliated  Colleges,  22. 
Delinquents,  land,  146. 
Delivery  of  securities  to  Treasurer,  83. 
Demands,  approval  of,  288. 
Denicke  fund,  236. 
Dentistry  College  Committee,  285. 

College  of,  314. 

Department  of  Anthropology,  300. 
Departmental  Libraries,  303. 
Departments,  18. 

division  of,  322. 

Deportment  of  users  of  library,  307. 
Deposit  by  Treasurer,  281. 
for  uniforms.  301. 
for  use  of  library,  306. 
library,  306. 
Deposits,  forfeiture  of,  319. 

laboratory,  308. 
Detail  for  absent  service,  317. 

not  to  exceed  four  years,  119. 
of  officers,  114. 

of  officers  for  steam  engineering,  115. 
Devises,  103. 

Dining  Association  cottage,  326. 
Diploma,  law,  105. 
Diplomas,  24,  38.  105,  316. 

of  Affiliated  Colleges,  314. 
Director  of  Lick  Observatory,  duties  of,  310. 
of  Observatory,  310. 

invited  to  meet- 
ings, 284. 

Director  of  University  Extension,  315. 
Directors  of  Law  College,  105. 
Disbursements,  report  of,  280. 
Discipline,  37,  38. 
Dismemberment    of    University    grounds 

forbidden,  324. 

Disqualifications  of  Regents,  294. 
Distinction  of  race  or  color,  87. 


REGENTS'  MANUAL. 


347 


Distribution  of  seeds  and  plants,  36. 
Diverted  funds,  92,  94. 
Division  of  departments,  322. 
Documents  in  minutes,  280. 

filed,  280. 
Doe  will,  236. 

D.  O.  Mills  endowment,  194. 
Donations,  administration  of,  29. 

for  viticultural  research,  157. 
DONATIONS  WITH  CONDITIONS,  163. 
Dormitories,  47. 
Drill,  20,  114. 
Duplicates  of  books,  303. 

of  diplomas,  316. 
Duties  of  assistants,  298. 
of  Fellows,  297. 
of  Professors,  317. 
of  Senate,  295. 
of  Superintendent,  320. 
Eastman  estate,  109. 
Education,  State  Board  of,  66,  151. 
Employment  of  time  for  private  advantage, 

317. 

Endowment,  40,  75,  86. 
fund,  56. 

of  Observatory,  309. 
of  1862  inviolable,  66. 
restoration  of,  77. 
Endowments,  special,  41,  42. 
Engineer  corps,  116. 
Enlargement  of  contract,  287. 
Equipment  and  Supplies  Committee,  285. 
Erection  of  building  denied,  324. 
Estate  of  Eastman,  109. 

of  Eoyer,  104.    See  Royer  estate. 
Examination  by  Faculty,  23. 
fee,  318. 
of  students   from   California 

schools,  23. 
Examinations,  23,  38. 

for  admission,  296. 
for  scholarship,  149. 
Examiner's  report  on  loan,  282. 
Examiners,    State    Board    of,    exemption 

from,  97. 

Excuses  from  illness,  319. 
Exclusion  from  Board  of  Regents,  27. 
Executive  Acts  of  President,  35. 
Exemption  from   Act   of   March  12,  1872, 

85,  97. 

from  building  laws,  46. 
from  taxation,  43. 
of  endowments  from  code  pro- 
visions, 42. 
Ex  officio  Regents,  7,  26. 


Ex  parte  McClain,  114. 
Expenditure  of  money,  289. 

specific  appropriations,  43. 
Expenditures,  library,  303. 
Expense  of  loaning  books,  305. 

of  visiting  schools  297. 
Experiment  Stations,  48. 
Expressage,  expenditure  for,  292. 
Extension  granted  by  Sutro,  193. 
Extension  of  loans,  291. 
Extent  of  Military  instruction,  301. 
Extra  duty  pay,  121. 
Faculties,  33,  37. 

Astronomers  members  of,  311. 
Faculty,  composition  of,  322. 

may  admit  accredited   graduates, 

296. 

of  Affiliated  Colleges,  22. 
of  College  of  Medicine,  powers  of, 

313. 

of  Dental  College,  314. 
removal  of,  33. 

Failure  to  return  library  book,  3(17. 
Farmers'  Institutes,  68. 

conductors  of,  HIM). 
Federal  Endowment,  75.  86. 
Fee,  admission,  32. 

for  late  registration,  319. 
for  special  examinations,  318. 
gymnasium,  302. 
Fees,  fertilizer,  74. 
for  patents,  320. 

Summer  Session,  315. 
in  College  of  Medicine,  313. 
Land  Department,  337. 
University  Extension  Courses,  315. 
land  grant,  79,  337. 
tuition,  32,  297. 
Fellows  and  Assistants,  297. 
Fellowship,  LeConte,  237. 
Females,  admission  of,  67. 

to  Law  College,  £<. 
Fertilizers,  69. 
Finance  and  endowment,  75. 
Committee,  285. 

authorized  to  invest  in 

real  estate,  288. 
authorized    to    invest 

moneys,  288. 
duties  of,  287. 
to  advance  traveling 

expenses,  297. 
to  present  Budget,  287. 
when     to    report     on 
appropriations,  289. 


348 


UNIVERSITY  OF  CALIFORNIA. 


Financial  matters,  orders,  289. 
statement,  form,  53. 
Fines,  Library,  303,  306. 
Five  dollars  limit  of  orders,  292. 
Five  per  cent,  required  in  investments,  288. 
Five  years'  term  of  loan,  288. 
Flood  agreement,  274. 
endowment,  187. 

Committee,  285. 
to  Regents,  deed,  187. 
Foltz  vs.  Hoge,  23,  107. 
Foreign  orders,  281. 
Forestry,  100. 

Station  deeds,  219. 
Forfeiture  of  deposits,  319. 

of  rights  to  Hopkins  house,  335. 
Form  of  application  for  loans,  290. 
Free  tuition,  32. 
Fund,  account  with,  280. 

from  Act  of  1862  to  be  kept  intact,  77. 
University.    See  University  fund. 
Funds  for  library,  use  of,  304. 

invested     as     directed    by    Act    of 
Congress,  67. 
General  fund,  82. 
Geodetic  Association,  215. 
Geological  collections,  45. 
material,  102. 
survey,  101. 
Geologist,  State,  102. 
Geology,  101. 

German  books— Denicke  fund,  236. 
Gifts,  103. 

GIFTS  UNDER  CONDITIONS,  163. 

Gird,  R.,  deed  of  land,  218. 
Goewey  scholarship,  234. 
Golden  Bear  Society's  offer,  325. 
Government  of  colleges,  37. 
of  students,  37. 
of  University,  15. 
Governor,  7,  26,  114,  279. 

may  require  reports,  129. 

President  of  Regents,  28,  279. 

to  fill  vacancies,  28. 

to  issue  arms,  114. 

to  preside,  279. 

Graduate  in  Pharmacy,  degree  of,  314. 
Graduates'  use  of  library,  296. 
Grammar  School  Certificates,  152. 
Grant  of  land  for  observatory,  110. 
GRANTS  AND  LICENSES,  263. 
Grass  Stations,  53. 

Grounds  and  Buildings  Committee,  285. 
control  of,  316. 


Grounds,  improvement  of,  46. 

Gymnasium  fee,  302. 

Hastings  College  of  Law,  104,  314. 

affiliation  of,  330. 
refusal    of    build- 
ing, 326. 
Hatch  Act,  48. 

Head  of  department  to  sign  requisition,  292. 
Heads  of  departments,  322. 
Health  Board,  319. 
Hearst  Architectural  plan,  221,  326. 

scholarships,  230. 
High  school  aid  fund,  153. 

certificates,  150. 
courses,  151,  153. 
site  denied,  324. 

High  schools,  legally  established,  297. 
Hilgard  scholarship,  236. 
Hillegass  and  wife  to  College  of  California, 

241. 

(Bancroft  way)  tract,  245. 
lands,  241. 

to  College  of  California,  243. 
Historical  Essay  Prize,  Bryce,  228. 
Hitchcock  will,  206. 
Hollister  vs.  Sherman,  30,  43. 
Honorary  degrees,  24,  38. 
Regents,  10,  26. 
Hopkins'  house,  334. 

deed,  185. 
Institute,  314. 

affiliation  of,  333. 
Hospital  Association,  gift,  216. 
Houghton  scholarship,  233. 
Impairment  of  service  to  University,  317. 
Impracticability  of  donations,  43. 
Improvements,  46. 
Income  of  endowments,  40. 

producing  property,   insurance  of, 

136. 
Incorporation,  108. 

Articles  of,  327. 
Indebtedness  of  students,  319. 

unauthorized,  292. 
Index  of  documents,  280. 
Indorsement  of  requisitions,  292. 
In  re  Parrott,  68. 
Inspection  of  High  Schools,  153. 
Institute  of  Art,  314. 
Instruction,  15,  19,  37. 
Instructions  to  Land  Agent,  337. 
Instructors,  23,  30. 

in  Summer  Session,  315. 
Insurance,  collection  of,  281. 


REGENTS'  MANUAL. 


349 


Insurance  of  foreign  orders,  281. 

policies,  custody  of,  136,  282. 
Intent  of  Military  instruction,  115. 
Interest  notices,  282. 

on  bonds  paid  by  State,  91. 
on  loans,  when  begins,  290. 
required  on  investments,  288. 
Inter-library  loans,  304. 
International    Geodetic    Association,    215, 

273. 

Inventory,  130. 

Investigation,  agricultural,  49. 
Investment  from  sales  of  lands,  146. 

of  funds  from  Act  of  1862,  76. 
of  Lick  Fund,  184. 
Investments,  288. 
Iron-ship  building,  115. 
Irregular  obligations,  291. 
James  Lick  Trust,  175. 
James  M.  Goewey  scholarship,  235. 
Jane  l£.  Sather  endowments,  198. 
Janitors'  wages,  289. 
Joint  Committees,  286. 

Resolutions   of    Legislature,    54,  122- 

125,  144-5. 

Jones  and  Baker  to  State  of  California,  220. 
June  15th,  last  date  for  certain  requisitions, 

292. 

Jute,  124. 

Kemble  vs.  McPhail,  153. 
Labor,  19,  127. 

forces,  supervision  of,  320. 
substitute  for  laboratory  fees,  309. 
Laboratories,  charge  of,  322. 
Laboratory  deposits,  308. 
Laborers'  wages,  289. 
Land  Acts,  140. 

Agent,  146,  282,  320. 
at  Berkeley  not  to  be  sold,  29. 
department  rules,  337. 
grant,  orders,  320. 
price  fixed  by  Regents,  146. 
proceeds  of  sale,  146. 
Landscape  gardening,  19. 
Languages,  21. 
Late  registration  fee,  319. 
Latin  Prize,  210. 
Law,  16. 

College,  affiliation  of,  330. 
building,  326. 
of,  16,  22,  30. 
Hastings  College  of,  104. 
Library  Fund,  200. 

of  San  Francisco,  106. 


Law,  questions  of,  283. 
teaching  of,  200. 
LAWS,  13. 

Lease  to  International  Geodetic  Associa- 
tion, 272. 

Leave  of  absence,  317. 
LeConte  Memorial  Fellowship,  237. 
Lectureship  on  Morals  of  Trade,  213. 
Lectures  on  Astronomy,  311. 
Legal  High  schools,  297. 
Legislative  assents,  51,  54,  76. 
Length  of  Summer  Session,  315. 
Letters,  College,  of,  16,  17,  21,  295. 

to  be  filed,  280. 

Levi  Strauss  scholarships,  231. 
Liability  for  expenses  of  Affiliated  Colleges. 

314. 

Librarian,  duties  of,  302. 
Library,  35,  45,  302. 
building,  57. 
Committee,  285. 
Denicke  fund,  236. 
deposits,  306. 
Doe  bequest,  236. 
fund,  Sather,  203. 
hours,  307. 

of  Lick  Observatory,  305. 
Reese,  206,  304. 
who  may  use,  306. 
License  fee:  fertilizers,  73. 

for  erecting  building  denied,  324. 
roadway  denied,  323. 
use  of  roads,  320. 
use  of  sewer,  to  town,  324. 
to  practice,  105. 
LICENSES,  263. 

Lick  Astronomical  Department,  309,  311. 
Observatory  Committee,  285. 

Director  invited  to  meet- 
ings, 284. 

land  grant  to,  16, 110, 143. 
library,  305. 

reservation,  lease  of,  267. 
rules,  309. 
support,  82. 

when  open  to  visitors, 312. 
Lick  Trust,  30,  175. 
Lieutenant  Governor,  26. 
Limitation  of  circulation  in  library,  307. 
of  corporate  powers,  109. 
on  drawing  warrants  for  College 
of  Medicine,  313. 
of  subjects  of  instruction,  86. 
Limitations  in  affiliation,  327. 


350 


UNIVERSITY  OF  CALIFORNIA. 


Liquor  Law,  113. 

List  of  Academic  Colleges,  295. 

Literature,  study  of,  21. 

Loan  Funds,  223. 

Loans,  288,  290. 

of  books,  304. 
Locker  and  towel  fee,  302. 
Loss  of  money  from  federal  endowment, 

67,  77,  88. 

Lundy  vs.  Delmas,  28,  67,  129. 
Mandamus  of  Governor,  162. 
Manual  labor,  19. 

March  1  date  of  Regents  tenure,  27. 
Marine  Corps,  officers  of,  121. 
Mark  Hopkins  Institute,  314. 
Marsh  and  tide  lands,  79. 
Master  of  Arts  degree,  21. 
Materialmen,  127. 

Material  used,  compensation  for,  317. 
Matriculation  fees  in  College  of  Medicine, 

313. 

Maturity  of  loans,  291, 
Mechanic  Arts,  15,  67,  77. 

College,  17,  19. 
Mechanics,  College  of,  295. 
Mechanics  Institute,  President  of,  26. 
M.D.  degree,  299. 
Medal  fund,  225. 
Medical  College,  17. 

to  use  Law  College  build- 
ing, 326. 
Medical  department.  112. 

post  graduate,  314. 
application  of,  332. 
examiners,  319. 
preparatory  course,  299. 
Medicine,  16. 

and    Dentistry      Colleges     Com- 
mittee, 285. 
College    of,  22,  30,  112,  312,  299, 

312. 
Meetings  at  Berkeley,  283. 

in  Hopkins  house,  336. 

of  Board,  283. 

of  committees,  286. 

of   committees    for    approval  of 

bills,  288. 

of  Regents,  44,  283;  place  and 
time  of,  283;  who  to  be  invited, 
284. 

of  Senate,  37. 
Members  of  Board,  original,  328. 

other,  7,  10,  11. 
Messenger  service  for  borrowed  books,  306. 


Mile  limit  law,  113. 
Military,  20. 

instruction,  intent  of,  115,  120. 

Science,  16,  114. 

Science,  order  of  Board,  301. 

tactics,  67,  77. 

tactics,  extent  of  fixed  by  Regents, 

20,  77. 

Mills  endowment,  194. 
Mineralogist  State,  155. 
Mines,  College  of,  16,  20. 
Mining,  16. 

College,  16,  295. 
Minutes,  279. 

Miscellaneous  Statutes,  122. 
Money,  43. 

accounts,  35. 

expenditure,  rule  for,  289. 
from  State  Treasury,  293. 
remitted  to  Treasurer,  281. 
Moneys  deposited  with  Treasurer,  281. 

of  College  of  Medicine,  313. 
Mongolian  labor,  68. 
Monthly  report  by  Secretary,  280. 
Moral  character  of  applicants,  296. 
Merrill  Act,  75. 
Morrow  land,  183. 
Mortgage  held  by  Regents,  30,  43. 
loans,  288. 
release  of,  291. 
to  be  deposited,  282. 
Mortgaged  property  sold  for  taxes,  137. 
Mortgages,  custody  of,  282. 
Mount  Hamilton  property,  177. 
Munitions,  See  Arms. 
Murphy  vs.  Pacific  Bank,  109. 
Museum,  35,  45. 
Name,  change  of  for  medical  department, 

112. 

Natural  Sciences,  College  of,  295,  299. 
Navy,  detail  of  officers,  116,  118, 119,  120. 
Nights  at  Lick  Observatory  for  public,  213. 
Nomination  of  committees,  285. 
Non-residents,  tuition  fee,  297. 
Normal  school,  150,  296. 

graduates,  course  for,  296. 
Note  to  be  deposited,  282. 
Notes  in  custody  of  Treasurer,  282. 
Notices  of  meetings,  279. 
Notification  of  committee  meetings,  287. 
of  committees,  287. 
of  meetings  of  Board,  279. 
Number  of  members  of  committee,  285. 
of  officers  detailed,  118, 119,  120. 


REGENTS1  MANUAL. 


351 


Oakland  Consolidated  Street  Railway  Co., 

permit  to,  264. 
property— Sather  gift,  199. 
Obligations  irregularly  incurred,  291. 
Observatory.    See  Lick  Observatory, 

Students'  Observatory. 
Office,  vacancy  in,  126. 
Officers  and  meetings,  279. 
and  offices,  128. 
detail,  114, 116. 
of  Affiliated  Colleges,  314. 
of  army,  115. 
of  Cadets,  114. 
of  Observatory,  310. 
of  Regents,  279. 
of  University,  30. 

Cadets,  114. 
printing  for,  319. 
to  be  directed  by  President  of  the 

University,  316. 

Official  acts  of  Secretary  to  be  reported,  280. 
One  cent  tax,  84,  96. 
Order  of  business,  284. 
ORDERS  OF  BOARD,  277. 
Orders  on  State  Printer,  319. 
Ordnance,  117,  121. 
Organic  Act,  15. 

revived  by  constitution,  66. 
Oriental  Languages  chair,  203. 
Original  members  of  Board,  328. 
Oxford  street  street  railway,  264. 
Pacific  Improvement  Company  license,  265. 
Paintings  in  art  gallery,  308. 
Papers,  publication  of,  299. 
Parrott  case,  68. 
Partisan  tests,  31. 
Patent  for  land,  338. 
Patents,  fees  for,  320. 
Payment  by  Treasurer's  checks,  282. 
for  purchases  abroad,  281. 
of  bills,  288,  289. 
of  insurance,  281. 
of  unauthorized  bills,  291. 
P.  Charles  Cole  scholarship,  229. 
Pedagogy  for  teachers  certificates,  151. 
Penal  Code,  §172—113,  178—68,  179—68. 
People  vs.  Kewen,  67,  107,  112. 
vs.  Supervisors,  30,  43. 
Periodicals,  expenditures  for,  292. 
Permanent  improvements  from  tax,  85,  97. 
Petaluma  Poultry  Station,  132. 
Pharmacy,  College  of,  314. 

affiliation  of,  330. 

Phebe  A.  Hearst  Architectural  plan,  221, 
336. 


Phebe  A.  Hearst  scholarships,  230. 
Phelps  and  Richards,  petition  denied,  323. 
Philosophy,  professorship  of,  194. 

study  of,  21. 

Physiological  investigation,  49. 
Pioche,  F.  L.  A.,  gift,  214. 
Pixley  scholarship,  235. 
Place  of  meetings,  283. 
Plant  physiology,  49. 
Policies  of  insurance,  claims,  281. 

Political  Code,  §  332-128  1429-28 

333-128  1430-44 

334—128  1431—44 

343-67,  129  1432—31,  39 

353—28  1433—43 
380—114,129     1434—44 

472—129  1435-44 

540—134  1436—47 

550—103  1437-47 

707-129  1438-47 

996-126  1439-45 

1385-16  1449-34 

1386—16  1450—35,  37 

1387—17  1451—34 

1388—17  1461—38 

1389-34  1462—39 

1391—38  1463—39 

1392-18  1473—114 

1393—33  1474—114 

1394—33  1475—115 

1395—25  1476—115 

1396—22  1477-115 

1397—24  1503—150 

1398-24  1521-151 

1399—25  1670—151 

1400—25  1775—151 

1401-25  1792-153 

1402—18  2242-103 

1403—22  2295-12!) 

1404—19  2327-153 

1405—32  3533-146 

1415-41  3534-146 

1425—28  3535-146 

1426—28  3536—146 

1427-28  3898A-137. 
1428-28 
Political  influence,  31. 

tests,  31. 

Pomona  land  deed,  218. 
Portraits  in  Art  gallery,  308. 
Post  Graduate  Medical  Department,  314. 

affiliation  of,  332. 
Poultry,  132. 

Powers  of  corporation,  108. 
Practical  Education,  19. 


352 


UNIVERSITY  OF  CALIFORNIA. 


Preparatory  department,  134. 
President  of  Board,  28,  39,  44. 

duties  of,  279. 

member  of  committees, 

285. 

pro  tempore,28,  279. 
to  draw  warrants,  282. 
to   execute   release    of 

mortgage,  291. 
of  Directors  of  Hastings  College 

of  Law,  107. 
President  of  University: 

22,  30,  33,  37,  66,  102,  105,  159. 

a  Regent,  9,  28. 

communications  through,  316. 

executive  officer  of  Faculty,  37. 

library,  302. 

may  authorize  signature  of 
requisitions,  292. 

may  call  meeting  of  committee, 
286. 

may  employ  instructors  for 
Summer  Session,  315. 

may  grant  leave  of  absence,  318. 

may  issue  duplicates  of  diplo- 
mas, 316. 

may  recommend  detail  for  work 
abroad,  318. 

may  recommend  leave  of 
absence,  318. 

may  remit  examination  fee,  318. 

may  remit  laboratory  fee,  309. 

member  of  committees,  285. 

powers  of,  33,  316. 

to  approve  application  for 
admission  to  Lick  Observa- 
tory, 312. 

to  approve  requisitions,  292. 

to  certify  salary  calls,  289. 

to  fix  fees  in  Summer  Session, 
315. 

to  fix  fees  in  University  Exten- 
sion Courses,  315. 

to  fix  laboratory  deposits,  308. 

to  fix  laboratory  fees  in  Medi- 
cal College,  313. 

to  grant  vacations  to  Astrono- 
mers, 311. 

to  grant  vacations  to  Director, 
311. 

toprovideastronomicallectures, 
311. 

to  receive  and  present  commu- 
nications from  Observatory, 
311. 


President  of  University : 

to  receive  proof  of  Register,  298. 
to  revise  list  of  books  for  pur- 
chase, 304. 

University  Extension  in  Agri- 
culture, 299. 

Printer,  State,  orders  on,  319. 
Printing,  134. 

for  officers.  319. 
fund,  134. 
office,  319. 

charge  of,  317. 
payment  of  wages,  289. 
of  reports,  128. 

Priority  of  claim  on  endowment  of  1862,  20. 
Private  schools,  examination  of,  297. 
Privileges  of  library,  306. 
Prizes,  298. 
Procedure    in    condemnation    for    water 

supply,  161. 
in  loans,  290. 

Professional  Colleges,  16,  312. 
Professions,  16,  312. 
Professor  emeritus,  317. 

of  Agricultural  practice,  299. 
of  Agriculture,  299, 
of  Military  Science,  301. 
of  pedogogy,  66. 
Professors,  23,  30,  37,  317. 

and  instructors,  317. 
non-resident,  31. 
Professorship,  Hitchcock,  208. 

of  Classical  Literature,  199. 
of  Oriental  Languages,  203. 
of  Philosophy,  194. 
of  Political  Economy,  211. 
Professorships  in  Hastings  Law  College, 

106. 

Property  and  buildings,  136. 
lost  by  fire,  281. 
of  University,  care  of,  316. 
of     University     in     custody     of 

Regents,  28. 

of  University  not  to  be  sold,  29. 
sold  for  taxes,  137. 
Proposal  to  amend  orders,  321. 
Prytanean  Society  gift,  216. 
Public  Land  Acts,  140. 

officers,  Regents  not,  27,  28,  129. 
Publication  of  papers,  299. 
Publications  of  State,  129. 
Purchase  of  real  property,  288. 
Purchaser  of  land— procedure,  147. 
Purchases  for  College  of  Medicine,  313. 

no  regent  to  be  interested  in,  294. 


REGENTS'  MANUAL. 


PURCHASES  UNDER  STIPULATION,  239. 
Purpose  of  gift  from  College  of  California, 

165,  167. 

Purpose  of  Military  instruction,  115,  120. 
Purpose  of  Morrill  Act,  77. 
Qualifications  of  Professor  of  Agriculture, 

19;  of  Secretary,  34. 
Quarters  at  Observatory,  310. 
Quorum  for  approval  of  bills,  288. 

of  committees,  287. 

of  Law  Directors,  107. 

of  Regents,  44,  284. 
Readers,  298. 

Real  estate,  investment  in,  288. 
Receipts  of  College  of  Medicine,  313. 
Receipt  to  Lick  Trust,  180. 
Recorder  of  Faculties,  Secretary  of  Aca- 
demic Senate,  295. 

to  receive  application  for  accred- 
iting, 297. 

Records  open  to  public,  34. 
Reese  fund,  206. 
Reese  Library,  304. 
Regents'  Articles  of  Incorporation,  327. 

commissions,  294. 

committees,  285. 

disqualifications,  294. 

meetings  in  Hopkins  house,  336. 

minutes,  279. 

personal  expenses,  44. 

powers,  28,  130. 

receipt  to  Lick  Trust,  180. 

seal,  294. 

use  of  library,  306. 
Regents,  constitution  of  Board,  25. 

corporate  name,  25. 

Honorary,  26. 

meetings,  44,  336. 

name  of  board,  16. 

not  officers,  129. 

not  to  receive  salary,  294. 

officers  of,  28. 

quorum,  44,  284. 

roll  of,  7. 

to  Brayton,  263. 

to  control  funds,  82. 

to   Spring  Valley  Water  Works, 
270. 

vs.  Dunn,  84. 

vs.  January.  07,  84. 

who  presides,  28. 
Register,  298. 
Registration  fee,  319. 

fertilizers,  71. 


Regular  meetings  of  committee,  286. 
Regulations  of  detail  of  officer,  118. 
Release  by  Sutro,  192. 

of  mortgage  291. 
Religious  tests,  31. 
Removal  of  professors,  316. 
Renewal  of  loans,  288,  291. 

of  mortgage  and  release,  291. 
Repeal  of  orders,  321. 
Report  by  Director  of  Lick  Observatory, 

310. 

by  Librarian,  302. 
by  military  instructor,  115. 
by  President,  39. 
monthly,  by  Treasurer,  281. 
of  Agricultural  Experiment  Station. 

49. 

of  expenditures,  85,  88. 
of  joint  committee,  286. 
of  Land  Agent,  283. 
of  Regents,  39. 
of  sale  of  scrip,  79. 
of  Secretary,  281. 
of  Secretary's  official  acts,  280. 
of  State  analyst,  155. 
on  Budget  allotments,  280. 
on  audit,  287. 
Reports  by  Superintendent  of  labor  forces, 

320. 

for  Board,  285. 
geological,  101. 
in  viticulture,  157. 
of  committees  in  minutes,  280. 
of  officers,  128. 
special,  129. 
to  be  filed,  280. 
under  Act  of  1862,  78. 
under  Act  of  1890,  88. 
viticultural,  157. 
Requisitions  unnecessary,  292. 
Requisition  in  expenses  of  Medical  College, 

313. 
Requisitions,  292. 

rules,  292. 

Resolutions  for  Board,  285. 
Resolutions  of  Legislature,  April  22,  1863— 
122:  December  12,  1863—144:  March  31, 
1864—144:  February  26,  1868-123,144: 
March  30,  1868—144;  February,  1,  1883- 
145;  April  15,  1884—125;  March  12,  1889- 
54. 

Resolutions  to  be  in  writing,  285. 
Restaurant,  cottage  for,  326. 
Restriction  in  devise,  103. 


UNIVERSITY  OF  CALIFORNIA. 


Restriction  in  expenditure,  85. 

in  Santa  Monica  deed,  220. 
in  WiWrding  gift,  206. 
Retired  officers,  115. 

Retirement  of  Professors  through  age,  317. 
Return  of  deposits,  309. 
Reversion  of  Chino  land,  219. 
of  Tulare  land,  217. 
to  heirs  of  S.  C.  Hastings,  106. 
to  heirs  of  Tompkins,  204. 
to  Searles,  186. 
to  Sutro,  192. 
to  United  States,  111. 
Richardson  Latin  Translation  Prize,  210. 
Roads  on  University  site,  320. 
Roadway,  license  for,  323. 
Roberts'  Rules  of  Order,  284. 
Rooms,  assignment  of,  317. 
Royer  estate,  17,  43,  67, 104. 

will,  211. 
Rules  for  Land  Agent,  337. 

of  order  of  the  Board,  284;  of  Senate, 

37. 

of  printing  office,  319. 
Rulings  of  Board,  322. 
Sabbatical  year,  318. 
Salaries,  payment  of,  289. 

of    Affiliated    College    professors, 

314. 

of  officers  of  Observatory,  310. 
Salary  to  continue  in  case  of  death,  317. 
Sale  of  geological  reports,  102. 
.land  forbidden,  29. 
University  site,  323. 
Salt  marsh  and  tide  lands,  79. 
San  Francisco  Art  Association,  affiliation 

of,  333. 

Polyclinic,  affiliation  of,  332. 
Sanitary    condition    of   boarding   houses, 

319. 

Santa  Monica  land,  220. 
Sather  endowments,  198. 
Savings  bank  deposits,  288. 
Scholarships,  25,  149. 

list  of,  229. 
School  laws,  150. 

visiting,  296. 

Scientific  and  classical  studies,  77. 
Scope  of  department  of  Anthropology,  300. 
Seal,  294. 

by  Academic  Colleges,  use  of,  322. 
in  release  of  mortgage,  291. 
of  Affiliated  Colleges,  322. 
on  diplomas,  316. 


Searles,   agreement   with,  and   with   S.  F. 

Art  Association,  334. 
to  Regents— deed,  185. 
Trust,  185. 

Secretary,  33,  34,  36,  70,  73,  74. 
absence  of,  279. 
communications  through,  280. 
duties  of,  279. 
election  of,  279. 
of  Agriculture,  54,  88. 
of  Interior,  78,  88,  89. 
of  War,  117,  118, 121. 
pro  tempore,  279. 
to  buy  library  books,  304. 
to  certify  salary  rolls,  289. 
to  collect  insurance,  281. 
to  credit  students'  labor,  309. 
to  enter  commissions,  294. 
to  execute  release  of  mortgage, 

291. 
to    give    notice    of    committee 

meeting,  287. 
to  have  supervision  of  cottage, 

326. 
to  make  orders  on  State  printer, 

319. 

to  prepare  medal,  228. 
to  receive  deposit  for  uniforms, 

301. 
to  receive  laboratory  deposits, 

308. 
to     receive     proof     sheets     of 

Register,  298. 
Sectarian  tests,  31. 
Securities,  custody  of,  282. 

deposited  with  State  Treasurer, 

83. 

Seeds  and  plants,  distribution  of,  36. 
Semesters,  299. 
Semi-monthly  payment  of  employes,   289, 

290. 
Senate,  Academic,  37. 

See  Academic  Senate, 
of  State  to  confirm  appointments, 26. 
Resolution,  March  12,  1P89,  54. 
Senior  hall,  325. 
Serials,  expenditures  for,  292. 
Service  elsewhere  than  at  Berkeley,  317. 
of  notice  of  special  meetings,  283. 
Settlement  of  students  accounts,  319. 
Sewer,  appropriation  for,  61. 

use  of  by  town,  324. 

Sex  no  bar  in  collegiate  departments,  67. 
Signatures  on  diplomas,  316. 


REGENTS'  MANUAL. 


Site  inalienable,  29. 

to  be  kept  intact,  320. 
Social  Sciences,  College  of,  29,r>. 
Soils,  examination  of,  53. 
Soldiers,  preference  of,  127. 
Solicitors,  41. 

Sources  of  water  supply,  161 . 
Speaker  of  Assembly,  26. 

pro  tern.,  8. 

Special  committees,  286. 
Special  meetings,  283,  284. 

business  at,  284. 
how  called,  283. 
of  committees,  286. 

Spring  Valley  Water  Works,  license  to,  270. 
Standard  Electric  Company,  right  of  way 

granted,  268. 
Standing  committees,  285. 

duties  of,  226. 
when  reference    not 

made,  286. 
State   Agricultural    Society,  president  of, 

26. 

Analyst,  154. 

Board  of  Education,  66,  151. 
Board  of  Health,  154. 
Librarian,  129. 

of  California  scholarships,  231. 
ownership  of  site,  29. 
Printer,  128,  134,  319. 
publications,  129. 
to  replace  lost  funds,  77,  88. 
Treasurer,  82,  91,  92,  133,  293. 

See  Treasurer  of  State. 
Treasurer,  orders  on,  293. 
treasury,  83. 
University  fund,  85,  96. 
See  University  Fund. 
Viticultural  Commission,  158. 
Stations,  Agricultural,  48. 
Statutes,  U.  S..  §1225-1 16,  118,  119. 
Steam  Engineering,  115. 
Stocks,  76,  282. 

custody  of,  282. 

Strauss,  Levi,  scholarships,  231. 
Street  railway  permits,  264-5. 
Streets  in  grounds,  320. 
Student  affairs,  318. 

Assistants,  298. 
Students,  31. 

admission  of,  296. 

at  Lick  Observatory,  312. 

government  of,  37. 

of  Law  College,  106. 


Subjects  necessary  by  Mori-ill  Act,  77. 
taught  by  Act  of  1890,  86. 
which  may  be  endowed,  42. 
Submission  of  Regents'  commissions,  294. 
Such,  permit  to,  266. 
Suits  in  land  sales,  282. 
Summer  Session,  315. 
Superintendent  of  labor  forces,  320. 

of  Public  Instruction,  26,66. 
•  Supervision  of  laborers,  316. 

of  University  Extension,  315. 
of    University    Extension    in 

Agriculture,  299. 
Supplies  for  College  of  Medicine,  313. 

no  regent  to  furnish,  294. 
Support,  40. 

of  Summer  Session,  315. 
Suspension  of  order  of  business,  284. 
Sutro  gift,  188. 

to  Regents,  deed,  188. 
Tabulations,  49. 

Tax  sales  of  mortgaged  property,  137. 
Taxation,  43. 
Teachers'  certificates,  150. 

certificate,  seal  not  to  be  used 

on,  294. 
diplomas,  150. 

Telegraph  avenue,  street  railway,  265. 
Telegraphing,  expense  of,  292. 
Telephoning,  expenditure  for,  292. 
Temporary  chairman  of  Board,  279. 
Tenure  of  officers,  279. 
Term  of  office  of  employes,  30. 

of  officers  of  Board,  279. 
Terms,  299. 

of  Regents,  26,  27. 
Tests,  31. 
Text  books,  37. 
Tide  lands,  79. 

Time  and  place  of  Board  meetings,  283. 
Title  deeds,  see  Deeds. 

to  property  for  investment,  288. 
Titles  of  Astronomers,  310. 
"Toland  "  Medical  Department,  112. 
Tompkins  endowment,  203. 
Towel  fee,  302. 

Transfer  of  money  from  State  treasury,  44. 
to  Regents    of  Viticulture!  Com- 
mission, 159. 
Transportation,  no  Regent  to  be  interested 

in,  294. 

Traveling  expenses,  292,  297. 
Treasurer,  duty  of,  281. 

election  of,  279. 


356 


UNIVERSITY  OF  CALIFORNIA. 


Treasurer,  invited  to  meetings,  284. 

to  deliver  checks  for   salaries, 
289. 

to  make  advances,  290. 

to  receive  moneys  of  College  of 
Medicine,  313. 

to  receive  papers  of  loans,  282. 

of  Regents,  83,  162,  281. 

of  State,  69,  79,  80,  88,  97,  162. 
See  State  Treasurer. 

of  University,  34,  44,  69,  82. 

1   See  Treasurer  of  Regents. 
Treasurer's  duties  in  loans,  290. 
Trusts  executed  by  Regents,  30. 
Trustees  of  Hearst  plan,  222. 
Tuition,  32,  297. 
fee,  297. 

Tulare  land,  deed,  217. 
Turner  mortgage,  98. 
Ukiah  land,  215. 
Unauthorized  bills,  291. 
Unexpended  balances,  293. 
Unfilled  requisitions,  292. 
Uniforms  for  cadets,  301. 
Union  Trust  Company,  not  liable,  255. 
U.  S.  appropriations,  292. 
U.  S.  Commissioner  of  Agriculture,  49. 
U.  S.  Statutes,  Section  1225,  116. 
University  a  public  trust,  66. 

Board  of  Health,  319. 

Cadets,  114. 

Chronicle,  298. 

created,  15. 

document,  150. 

Extension,  315. 

Extension  in  Agriculture,  299. 

fund,  56,  79,  81,  123. 

See  State  University  fund, 

lands,  sale  of,  142. 

medal  fund,  225. 

printing  office,  319. 

Register,  298. 

site,  deed  of,  165. 
orders,  320. 
sale  of,  323. 

Unofficial  printing,  319. 
Urgent  claims,  290. 


Urgent  matters  not  referred  to  committees, 

286. 

Use  of  materials,  317. 
Vacancies  in  Board,  27,  28. 

Committees,  285. 
Vacations,  299. 

at  Lick  Observatory,  311. 
Veterans,  preference  of,  127. 
Vice-chairman  of  committee,  286. 

of  committee  to  call  meet- 
ings, 286. 

Violation  of  library  rules,  308. 
Visitation  of  schools,  296. 
Visitors  at  Lick  Observatory,  312. 
Viticultural  appropriation,  57,  159. 
Commission.  157. 
Commission  to  transfer  prop- 
erty, 159. 
research,  158,  159. 
Viticulture,  156. 

Voting  in  Academic  Senate,  38,  295. 
Wages,  payment  of,  289. 
Walton  memorial  fund,  223. 
Warrant  for  College  of  Medicine,  313. 
for  loans,  290. 
for  salary  roll,  289. 
for  withdrawal  of  money,  293. 
how  drawn,  281,  282. 
Warrants,  43. 

Watchmen,  employment  of,  316. 
Water  for  Flood  estate,  274. 

for  Hillegass  property,  243. 
pipes,  Alameda  Water  Company,  264. 
rights  reserved,  263. 
supply,  161. 

Weinstock,  H.,  gift,  213. 
White  vs.  Douglas,  142,  148. 
Whiting  fund,  212. 
Will,  University  may  take  by,  104. 
Wilmerding  gift,  205. 

school,  322. 

committee,  285. 
Wines,  analysis,  157. 
Women,  23,  67,  296. 
Work  in  lieu  of  laboratory  fees,  309. 
Workmen,  employment  of ,  316. 
Written  report  and  resolutions,  285. 


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